SEC En Banc Case No. 06-16-405 PETITION FOR DECLARATION OF A STATE SUSPENSION OF PAYMENTS WITH PROPOSED REHABILITATION PLAN of RUBBERWORLD PHILIPPINES, INC. CARLO S. TAN, appellant

Securities and Exchange Commission Republic of the Philippines Department of Finance

In the Matter of: PETITION FOR DECLARATION OF A STATE OF SUSPENSION OF PAYMENTS WITH PROPOSED REHABILITATION PLAN PHILIPPINES, INC. of RUBBERWORLD SEC En Banc Case No. 06-16-405 CARLOS S. TAN, appellant.

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RESOLUTION

from the Order dated 30 July 2014 ("Assailed Order") issued by the Special Hearing Panel I (SHP) in relation to SEC Case N. 11-94-4920 entitled In the Matter of the Petition for Declaration of a State of Suspension of Payments with Proposed Rehabilitation Plan, the dispositive portion of which states: For resolution of the Commission is an Appealfiled by Carlos S.Tan ("Appellant") on 15 June 20161

In view of the foregoing, it is hereby resolved to:

1 2 4 5 3. 6 Apply the provision on Gratuity Pay under Section 1, Article X of the CBA; Use the year 1994 as the cut off date for the computation of the workers' claims; Adopt the list submitted by Opal, as well as the amount of claims indicated thereat, which Include the list of resigned (Annex "A") and retrenched (Annex "B") employees in the list of Deduct from the workers' claims the amount of advances and money judgment awarded and already included other factors such as SL/VL. 13th month pay, and tax refund; Exclude the Board of Directors and Corporate Officers indicated in the 1992 GIS of RWPI in the workers submitted by Opal; grant of Gratuity Pay distributed to employees, if any.

SO ORDERED

Clearly, the Appeal is filed outside the reglementary period under Rule XI, Section 11-2 of the 2006 Rules of Procedure of the Commission ("2006 Rules"), which provides that appeals are to be filed with the Commission En Banc within fifteen (15) days from receipt of the Decision, Order, or Ruling. Thus, a dismissal of the instant Appeal is in order, pursuant to Section 11-6 of the 2006 Rules.2 On appeal, Appellant admitted that the Assailed Order was received sometime in August 2014

by claiming that it was made through mistake and excusable negligence. In support of this claim, he submitted an Affidavit of Merit,3 excerpts therefrom read: While Appellant admits his failure to timely file the instant Appeal, he attempted to justify the same

x x x I just decided to contact the other corporate officers named therein for enlightenment until such time that I have overlook the passage of time and/or by oversight, awaiting to communicate even with one of them.x x x4 (emphasis supplied)

2 Section 11-6. Dismissal of Appeal for Non-Compliance. The appeal may be dismissed by the Commission En Banc for 4 Paragraph 1 of the Affidavit of Merit. failure to comply with these Rules, or failure to perfect the appeal within the prescribed period. (emphasis ours) 3 Annex "A" of the Appeal. 1 Dated 8 June 2016.

In Re: Carlos S. Tan Page 2 of 2

one that ordinary diligence and prudence could not have guarded against.6 In the case at bar, Appellant admitted oversight as the cause of his failure to timely act on the matter when he received the Assailed Order. Jurisprudence holds that oversight is neither an error? in action nor avoidable that shall exonerate a party in his failure to do the necessary action in judicial or administrative cases. Jurisprudence defines "mistake"as an error in action or a blunder,5 and "excusable negligence"as

unjustified, a dismissal of the instant Appeal is proper. Considering that Appellant's failure to comply with the 2006 Rules in connection with appeals is

WHEREFORE, premises considered, the Appeal is hereby DISMISSED.

SOORDERED

Pasay City, Philippines; 8 July 2016.

TERESITAJ.HERBOSA Chairperson

MANUEL RTO B.GAITE ANTONIETA F. IBE*

Commissioner Commissioner

EPHYRO LUIS B.AMATONG tWA BLASJAMES G. Ww TRB

Commissioner Commissioner

*On Leave

6 Guevara and Bantugan vs. Spouses Bautista et al., G.R. No. 148435, 28 November 2008. 5 Coombs vs. Santos, G.R. No. L-7644, 24 March 1913. 7 See Note 6. See Note 7.

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