In the case of Waterfront Cebu City Casino Hotel, Inc. v. Ledesma, the Supreme Court underscored the strict adherence to procedural rules, particularly the timely filing of petitions for certiorari. The Court held that the failure to file a petition within the mandated 60-day period deprives the appellate court of jurisdiction, rendering the National Labor Relations Commission (NLRC) resolution final and unassailable. This ruling emphasizes the importance of vigilance and diligence on the part of litigants and their counsels in complying with procedural deadlines to ensure their cases are properly heard and adjudicated.

Missed Deadlines, Dismissed Justice? The Case of Ledesma vs. Waterfront Hotel

The case revolves around Ildebrando Ledesma, a former House Detective at Waterfront Cebu City Casino Hotel, Inc., who was dismissed based on complaints of sexual misconduct. Ledesma filed a complaint for illegal dismissal, which was initially ruled in his favor by the Labor Arbiter (LA). However, upon appeal, the NLRC reversed the LA’s decision, finding Ledesma guilty of grave misconduct. The pivotal issue arose when Ledesma’s counsel, Atty. Gines Abellana, received the NLRC’s Resolution denying the motion for reconsideration on March 15, 2010, but filed a petition for certiorari with the Court of Appeals (CA) only on May 17, 2010, sixty-three (63) days later.

Waterfront argued that the petition was filed out of time, while Ledesma, through new counsel, contended that the 60-day period should be reckoned from his personal receipt of the resolution on March 24, 2010. The CA initially admitted the amended petition and reversed the NLRC’s decision, reinstating the LA’s ruling. Waterfront then elevated the matter to the Supreme Court, questioning the timeliness of the petition for certiorari before the CA.

The Supreme Court meticulously examined the procedural aspects of the case, particularly the timeliness of filing the petition for certiorari. The Court cited Section 4, Rule 65 of the Rules of Court, as amended by A.M. No. 07-7-12-SC, which explicitly states that the petition shall be filed not later than sixty (60) days from notice of the judgment, order, or resolution. Moreover, the Court emphasized that notice to counsel is effective notice to the client, and the receipt of notice by the counsel of record is the reckoning point of the reglementary period. The Court quoted Laguna Metts Corporation v. Court of Appeals stating:

As the Rule now stands, petitions for certiorari must be filed strictly within 60 days from notice of judgment or from the order denying a motion for reconsideration.

Building on this principle, the Supreme Court highlighted that the failure to file the petition within the prescribed period is a jurisdictional defect that deprives the appellate court of the authority to entertain the petition. The Court also addressed Ledesma’s argument that the 60-day period should be counted from his personal receipt of the NLRC Resolution, stating that such a stance is bereft of any legal basis. Notice to counsel is legally considered notice to the client. This is a well-established rule in Philippine jurisprudence.

Furthermore, the Court addressed the procedural infirmities raised by Ledesma regarding the verification and certification of non-forum shopping, and the lack of a certified true copy of the Board Resolution. The Court clarified that while the Community Tax Certificate presented by Waterfront’s representative may have rendered the jurat defective, it was not a fatal defect. Similarly, the Court stated that only the judgment, order, or resolution assailed in the petition are required to be attached as duplicate originals or certified true copies. The Court cited Section 4, Rule 45 of the Rules of Court, to support this point.

The Supreme Court also addressed the issue of whether the negligence of counsel should be a ground for relaxing the rules, citing Labao v. Flores. In this case, it was explained that:

The general rule is that a client is bound by the acts, even mistakes, of his counsel in the realm of procedural technique. The exception to this rule is when the negligence of counsel is so gross, reckless and inexcusable that the client is deprived of his day in court.

However, in Ledesma’s case, the Court found no reason to deviate from the general rule, as the failure to file the petition on time was primarily due to the negligence of his counsel in computing the 60-day period. The Court reiterated that the expiration of the 60-day period to file a petition for certiorari divests the appellate court of jurisdiction to review the NLRC Resolution. According to Labao v. Flores:

The NLRC’s resolution became final ten (10) days after counsel’s receipt, and the respondents’ failure to file the petition within the required (60)-day period rendered it impervious to any attack through a Rule 65 petition for certiorari. Thus, no court can exercise jurisdiction to review the resolution.

The Supreme Court noted that Ledesma did not attempt to justify the belated filing of his petition. The Court stated that relaxation of procedural rules may be allowed only when there are exceptional circumstances to justify the same. There should be an effort on the part of the party invoking liberality to advance a reasonable or meritorious explanation for his/her failure to comply with the rules, as highlighted in Philippine National Bank v. Commissioner of Internal Revenue.

Even assuming the petition for certiorari was timely filed, the Court found that it lacked merit. The Court stated that the CA erred in ruling in favor of Ledesma based on the absence of CCTV footages, an argument not even raised by Ledesma himself. The Court emphasized that in labor cases, substantial evidence is sufficient, which was adequately established by the positive and credible testimonies of the complainants. The Court pointed out that Ledesma never refuted the allegations of sexual misconduct, particularly the incident in the hotel conference room. The Court concluded that Ledesma’s acts constituted misconduct or improper behavior, a just cause for his dismissal, and reiterated the elements of misconduct as established in Lopez v. NLRC.

FAQs

What was the key issue in this case?	The key issue was whether the petition for certiorari was timely filed with the Court of Appeals. The Supreme Court focused on the importance of adhering to the 60-day period for filing such petitions.
What is the reckoning point for the 60-day period to file a petition for certiorari?	The 60-day period is reckoned from the date of receipt of the judgment, order, or resolution by the counsel of record. Notice to counsel is considered notice to the client.
What happens if a petition for certiorari is filed beyond the 60-day period?	If a petition is filed beyond the 60-day period, the appellate court loses jurisdiction to entertain the petition. The judgment, order, or resolution becomes final and unassailable.
Can the 60-day period for filing a petition for certiorari be extended?	While there are exceptions, the general rule is that the 60-day period is strictly enforced. Relaxation of the rules is allowed only in exceptional circumstances with reasonable justification for non-compliance.
Is a client bound by the mistakes of their counsel?	Yes, generally a client is bound by the acts and mistakes of their counsel. An exception exists if the counsel’s negligence is so gross and inexcusable that the client is deprived of their day in court.
What constitutes sufficient evidence in labor cases?	In labor cases, the standard of proof is substantial evidence, which means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. This can be based on credible testimonies.
What are the elements of misconduct as a just cause for dismissal?	The elements of misconduct are: (a) it must be serious; (b) it must relate to the performance of the employee’s duties; and (c) it must show that the employee has become unfit to continue working for the employer.
What should a party do if they believe their counsel made a mistake in filing a petition?	The party should immediately consult with another attorney to assess the situation and determine if there are any remedies available. They should also gather evidence to support any claims of gross negligence.

In conclusion, the Waterfront Cebu City Casino Hotel, Inc. v. Ledesma case serves as a stark reminder of the importance of procedural compliance in legal proceedings. The failure to adhere to the prescribed timelines can have severe consequences, including the loss of the right to appeal and the finality of adverse decisions. Diligence, vigilance, and competent legal representation are essential to ensure that one’s rights are fully protected within the bounds of the law.

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: WATERFRONT CEBU CITY CASINO HOTEL, INC. VS. ILDEBRANDO LEDESMA, G.R. No. 197556, March 25, 2015