Guagua National College Vs CA

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GUAGUA NATIONAL COLLEGES v.

 COURT OF APPEALS, GNC FACULTY AND LABOR UNION AND


GNC NON-TEACHING MAINTENANCE LABOR UNION

G.R. No. 188492

FACTS:
Petitioner Guagua National Colleges (GNC) hereby assails by petition for certiorari the resolution
promulgated on December 15, 2008, 2 whereby the Court of Appeals (CA) denied its Motion to
Dismiss filed vis-à-vis the respondents' petition for certiorari in the following manner:

This Court resolves:

1. x x x

2. To Deny:

a) respondent's Motion to Dismiss dated 22 July 2008. While it is true that Coca-Cola


Bottlers Philippines, Inc., Sales Force Union-PTGWO-Balais vs. Coca-Cola Bottlers Philippines,
Inc. held in part:

"x x x [U]nder Section 6, Rule VII of the same guidelines implementing Article 262-A of
the Labor Code, this Decision, as a matter of course, would become final and executory after ten
(10) calendar days from receipt of copies of the decision by the parties x xx unless, in the
meantime, a motion for reconsideration or a petition for review to the Court of Appeals under
Rule 43 of the Rules of Court is filed within the same 10-day period. x xx;",

ISSUE:
WHETHER THE COURT OF APPEALS, WITH ALL DUE RESPECT, IS ACTING WITHOUT OR IN EXCESS
OF ITS JURISDICTION IN CA-G.R. SP NO. 104109.

RULING:
The petition for review shall be filed within 15 days pursuant to Section 4, Rules 43 of the Rules of Court;
the 10-day period under Article 276 of the Labor Code refers to the filing of a motion for reconsideration vis-à-vis
the Voluntary Arbitrator's decision or award. In resolving whether or not the CA committed grave abuse of
discretion, the Court has first to determine which between the two periods found in Article 276 of the Labor
Code and Section 4 of Rule 43 of the Rules of Court governs the appeal from the decision or award by the Voluntary
Arbitrator or Panel of Arbitrators. The petitioner posits that the appeal from the decision or award of the Voluntary
Arbitrator should be filed within 10 days in view of Article 276 of the Labor Code.

Accordingly, the decisions and awards of Voluntary Arbitrators, albeit immediately final and
executory, remained subject to judicial review in appropriate cases through petitions for certiorari. In other
words, the remedy of appeal by petition for review under Rule 43 of the  Rules of Court became available to
the parties aggrieved by the decisions or awards of the Voluntary Arbitrators or Panels of Arbitrators.

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