The Supreme Court in Concejero v. Court of Appeals clarified the importance of adhering to procedural rules, specifically the 60-day period for filing a petition for certiorari under Rule 65 of the Rules of Court. The Court held that the Court of Appeals committed grave abuse of discretion by prematurely dismissing a case before the expiration of this period. This decision underscores the judiciary’s commitment to ensuring that litigants are not deprived of their right to seek redress due to procedural technicalities, provided they act within the prescribed legal timelines. It reinforces the principle that courts should prioritize resolving cases on their merits rather than dismissing them on technical grounds.

Untangling the Timeline: When Does Dismissal Become a Grave Abuse of Discretion?

Dennis M. Concejero, formerly Assistant Vice-President at Philippine National Bank (PNB), faced dismissal after being charged with abuse of authority and breach of trust. Following unsuccessful appeals at the Labor Arbiter and the National Labor Relations Commission (NLRC), Concejero elevated his case to the Court of Appeals via a petition for certiorari. Critically, Concejero’s counsel initially filed a Motion for Extension of Time, mistakenly believing a shorter 15-day period applied, but later clarified the correct 60-day period. Despite this clarification and the timely filing of the petition within the 60-day window, the Court of Appeals dismissed the case, leading to the present Supreme Court review. The central legal question is whether the Court of Appeals gravely abused its discretion by dismissing the petition for certiorari before the actual lapse of the full 60-day period allowed under Rule 65 of the Rules of Court.

The Supreme Court began its analysis by reiterating the availability of a petition for certiorari as a remedy to challenge decisions of the NLRC. The Court quoted Section 4, Rule 65 of the Rules of Court, emphasizing the 60-day period from notice of judgment, order, or resolution for filing such petitions. This rule explicitly states:

SEC. 4. When and where petition filed. — The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the sixty (60) day period shall be counted from notice of the denial of said motion.

Building on this principle, the Court noted that Concejero received notice of the NLRC Resolution denying his motion for reconsideration on September 23, 2014. Consequently, he had until November 22, 2014, to file his petition for certiorari. The Court further acknowledged Section 1, Rule 22 of the Rules of Court, which extends deadlines falling on a Saturday, Sunday, or legal holiday to the next working day, stating:

Section 1. How to Compute Time. — In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next working day.

Given that November 22, 2014, was a Saturday, Concejero’s deadline was effectively moved to Monday, November 24, 2014, the very day he filed his petition. This timeline is critical in understanding the Supreme Court’s ruling. The Court found that the Court of Appeals committed a “grave abuse of discretion” in dismissing the case on November 3, 2014, because the 60-day period had not yet expired.

The Supreme Court reasoned that even though Concejero’s counsel initially requested a 15-day extension based on a misunderstanding of the rules, the Court of Appeals should have recognized the correct 60-day period. The appellate court’s dismissal effectively deprived Concejero of his right to fully utilize the period granted by Rule 65. The Supreme Court emphasized that the Court of Appeals should have considered Concejero’s Manifestation and Motion, which clarified the error regarding the filing period. By merely “noting” the motion and proceeding with the dismissal, the Court of Appeals failed to act in accordance with the spirit of the rules, which is to afford litigants a fair opportunity to present their case.

In essence, the Supreme Court’s decision in Concejero v. Court of Appeals serves as a reminder of the importance of adhering to procedural rules while also recognizing the need for courts to exercise sound discretion. While strict compliance with deadlines is essential, courts should not allow technicalities to defeat the ends of justice, especially when a party has substantially complied with the rules. This ruling reinforces the principle that a court’s discretion must be exercised judiciously, taking into account all relevant circumstances to ensure fairness and equity.

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals committed grave abuse of discretion in dismissing a petition for certiorari before the expiration of the 60-day period provided under Rule 65 of the Rules of Court.
What is a petition for certiorari?	A petition for certiorari is a legal remedy used to question the decisions of lower courts or quasi-judicial agencies, typically on the ground that they acted without or in excess of jurisdiction, or with grave abuse of discretion.
What is the prescriptive period for filing a petition for certiorari under Rule 65?	Under Rule 65 of the Rules of Court, a petition for certiorari must be filed within 60 days from notice of the judgment, order, or resolution being challenged. If a motion for reconsideration is filed, the 60-day period is counted from notice of the denial of that motion.
What happens if the last day to file a pleading falls on a weekend or holiday?	According to Section 1, Rule 22 of the Rules of Court, if the last day of the period to file a pleading falls on a Saturday, Sunday, or legal holiday, the time is extended to the next working day.
What does “grave abuse of discretion” mean?	“Grave abuse of discretion” implies such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law.
Why did the Supreme Court annul the Court of Appeals’ resolutions?	The Supreme Court annulled the Court of Appeals’ resolutions because the appellate court dismissed the case before the 60-day period to file the petition for certiorari had expired, thereby depriving the petitioner of his right to avail of the remedy within the prescribed period.
What was the significance of the petitioner’s Motion for Extension of Time in this case?	The petitioner’s Motion for Extension of Time, while initially based on a misunderstanding of the filing period, was significant because it highlighted the petitioner’s intent to file the petition for certiorari. When the error was clarified, the Court of Appeals should have recognized the petitioner’s right to the full 60-day period.
What is the practical implication of this ruling for litigants?	This ruling reinforces the importance of knowing the procedural rules and timelines. It also emphasizes that courts should not strictly apply procedural rules to defeat the ends of justice, especially when there is substantial compliance and no prejudice to the other party.

In conclusion, Concejero v. Court of Appeals underscores the delicate balance between adhering to procedural rules and ensuring that litigants are afforded a fair opportunity to present their cases. The Supreme Court’s decision serves as a reminder that while compliance with deadlines is crucial, courts must exercise their discretion judiciously, taking into account the broader context and the potential for injustice if technicalities are applied rigidly.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: DENNIS M. CONCEJERO v. COURT OF APPEALS AND PHILIPPINE NATIONAL BANK, G.R. No. 223262, September 11, 2017