This case has been cited 4 times or more.
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2015-12-07 |
VELASCO JR., J. |
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| Citing Delima v. Gois,[46] the CA determined that the absence of malice or bad faith on the part of Nakague and Ong negated any possibility of liability for Dalag's illegal dismissal. | |||||
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2015-10-14 |
PERALTA, J. |
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| Indeed, a decision issued by a court becomes final and executory when such decision disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing else to be done but to enforce by execution what has been determined by the court, such as when after the lapse of the reglementary period to appeal, no appeal has been perfected.[19] However, in this case, considering that the petition was filed within the reglementary period to file a petition for certiorari, the decision had not attained finality yet. It bears stressing that a petition for certiorari under Rule 65 must be filed not later than 60 days from notice of the judgment, order or resolution sought to be annulled. Indubitably, the issuance of an entry of judgment by the NLRC cannot render a petition for certiorari as moot and academic.[20] | |||||
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2013-06-10 |
MENDOZA, J. |
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| Petitioner argues that it clearly filed its petition for certiorari within the 60-day reglementary period and, thus, the NLRC resolutions could not have attained finality. Citing Delima v. Gois,[8] petitioner avers that the NLRC cannot declare that a decision has become final and executory because the period to file the petition has not yet expired. Petitioner, thus, contends that the finality of the NLRC judgment did not render the petition moot and academic because such is null and void ab initio. | |||||
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2011-04-13 |
NACHURA, J. |
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| as when after the lapse of the reglementary period to appeal, no appeal has been perfected.[19] The period or manner of appeal from the NLRC to the CA is governed by Rule 65, pursuant to the ruling of this Court in St. Martin Funeral Home v. National Labor Relations Commission.[20] Section 4 of Rule 65, as amended, states that the | |||||