Benguet V Nlrc

Benguet Electric Cooperative vs. NLRC Rule 13

Facts: Private Respondent Peter Colasan was the General Manager of Benguet Electric Cooperative (Beneco). Colasan Received memorandums from COA regarding substantial inconsistencies regarding per diem allowances received by officials and members of the board with the directives of NEA ( National Electrification Administration). The audit report enumerated irregularities in the utilization of funds amounting to 37 million released by NEA to Beneco. Having ben aware of the serious financial condition on Beneco andx what appeared to be mismanagement, Colasa initiated implementation of remedial measures recommended by COA. The board responded by abolishing his allowance and subsequently ousted Colasan as GM. Colasan filed w the NLRC a complaint. The Labor arbiter granted complaint and ordered Colasa tro be reinstated and joint liability of the board and Beneco in the payment of backwages. The board appealed to the NLRC. The NLRC declared that only Beneco is liable. Beneco filed a petition on certiorari. Issue: WON the appeal was filed out of time.

Ruling: Yes. The board members received decision of the LA on 21 april 1988. And because may 1 is a holiday they had until may 2 to perfect their

appeal. The board member’s appeal was posted by registered mail on may 3 and received by the NLRC the following day. Thus it was filed out of time. The board insists that the appeal was made on time because it was delivered for mailing on may 1 to Garcia Communications Company a licensed private letter carrier. Private letter carrier instead of the Philippine post office is not a regocnized mode of filing pleadings. In case of private carrier the date of actual receipt of court and not date of delivery to the private carrier is deemed date of the pleading.