Notice to Counsel Counts for Appeal Deadlines in NLRC Cases

In labor disputes, the question of when the clock starts running for an appeal can decide the fate of an entire case. The Supreme Court, in Ginete v. Sunrise Manning Agency (G.R. No. 142023, June 21, 2001), settled this issue for petitions for certiorari filed with the Court of Appeals: the period is counted from the date the party's counsel receives the NLRC resolution, not from when the party himself receives a copy.

The Facts of the Case

Sanny Ginete, an overseas Filipino worker, filed a complaint for illegal dismissal against his manning agency and shipping company. The Labor Arbiter dismissed the complaint but ordered the respondents to pay damages for violating due process. On appeal, the NLRC affirmed the Labor Arbiter's decision.

Ginete's counsel received the NLRC resolution denying his motion for reconsideration on June 21, 1999. Ginete himself received his copy only on July 22, 1999. He filed a petition for certiorari with the Court of Appeals on September 27, 1999 — more than three months after his counsel received the resolution, but within 60 days of his own receipt.

The Court of Appeals dismissed the petition as filed 30 days late, prompting Ginete to elevate the matter to the Supreme Court.

The Issue: Which Receipt Starts the Clock?

Ginete argued that in labor cases, both the party and counsel must be separately served copies of a resolution, citing Article 224 of the Labor Code. Since he received his copy only on July 22, 1999, he insisted the 60-day period should be counted from that date.

The Supreme Court disagreed. It clarified that Article 224 of the Labor Code governs the execution of final decisions, orders, or awards — not the period for appealing or filing a petition for certiorari from a non-final resolution. The provision simply requires that responsible officers furnish copies to both parties and their counsel for purposes of execution.

The Ruling: Rule 65 Governs, Notice to Counsel Binds the Party

The Court held that the period for filing a petition for certiorari from an NLRC decision is governed by Rule 65 of the Rules of Court, as established in St. Martin Funeral Homes v. NLRC. Under Section 4 of Rule 65, the petition must be filed within 60 days from notice of the judgment or resolution sought to be assailed.

The Court then applied Section 4, Rule III of the NLRC Rules of Procedure, which states that the period of appeal is counted from receipt of the decision by the counsel of record. While that rule expressly contemplates appeals before the Labor Arbiter and the NLRC, the Court saw no reason not to apply the same principle to petitions for certiorari before the Court of Appeals.

This approach aligns with the established rule that notice to counsel is notice to the party. When a party is represented by counsel, notices should be sent to the counsel of record at the counsel's given address. Attorneys have authority to bind their clients in matters of procedure, as provided under Section 23, Rule 138 of the Rules of Court and Section 2, Rule 13 of the 1997 Rules of Civil Procedure.

Due Process Was Not Denied

The Court also rejected Ginete's claim that he was denied due process. He had the opportunity to present his case before the Labor Arbiter, appeal to the NLRC, and file a motion for reconsideration. Due process requires only an opportunity to be heard, which Ginete received. His failure to comply with procedural rules did not amount to a denial of due process.

Practical Takeaways

• Count from counsel's receipt. For petitions for certiorari assailing NLRC resolutions, the 60-day period under Rule 65 runs from the date the counsel of record receives the resolution, not from when the party receives a separate copy.
• Article 224 is about execution, not appeals. The Labor Code provision requiring separate service on parties and counsel applies to final decisions for purposes of execution, not to computing appeal periods.
• Monitor deadlines through counsel. Clients should coordinate closely with their lawyers, as counsel's receipt of a resolution triggers the running of the appeal period.
• Procedural rules apply strictly. Even in labor cases favoring overseas Filipino workers, failure to observe appeal deadlines can result in dismissal of the remedy.
• Act promptly after an adverse NLRC ruling. Do not wait for personal receipt of the resolution; verify with counsel immediately when a decision or resolution is received.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.