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ELIZABETH SUBLAY v. NLRC

This case has been cited 4 times or more.

	GR No. 155844 2008-07-14	NATIONWIDE SECURITY v. CA QUISUMBING, J.
Failure to perfect an appeal renders the decision final and executory.[15] The right to appeal is a statutory right and one who seeks to avail of the right must comply with the statute or the rules. The rules, particularly the requirements for perfecting an appeal within the reglementary period specified in the law, must be strictly followed as they are considered indispensable interdictions against needless delays and for the orderly discharge of judicial business.[16] It is only in highly meritorious cases that this Court will opt not to strictly apply the rules and thus prevent a grave injustice from being done.[17] The exception does not obtain here. Thus, we are in agreement that the decision of the Labor Arbiter already became final and executory because petitioner failed to file the appeal within 10 calendar days from receipt of the decision.
	GR No. 165284 2008-04-16	MP ACEBEDO OPTICAL SHOPS v. NLRC QUISUMBING, J.
While this Court might have time and again opted to sidestep the strict rule on the statutory or reglementary period for filing an appeal, yet, we have always emphasized that we cannot respond with alacrity to every clamor against alleged injustice and bend the rules to placate every vociferous protestor crying and claiming to be a victim of a wrong. It is only in highly meritorious cases that this Court should opt to liberally apply the rules, for the purpose of preventing a grave injustice from being done.[11]
	GR NO. 164156 2006-09-26	ABS-CBN BROADCASTING CORPORATION v. MARLYN NAZARENO CALLEJO, SR., J.
We agree with petitioner's contention that the perfection of an appeal within the statutory or reglementary period is not only mandatory, but also jurisdictional; failure to do so renders the assailed decision final and executory and deprives the appellate court or body of the legal authority to alter the final judgment, much less entertain the appeal. However, this Court has time and again ruled that in exceptional cases, a belated appeal may be given due course if greater injustice may occur if an appeal is not given due course than if the reglementary period to appeal were strictly followed.[19] The Court resorted to this extraordinary measure even at the expense of sacrificing order and efficiency if only to serve the greater principles of substantial justice and equity.[20]
	GR No. 160560 2005-07-29	DEPARTMENT OF AGRARIAN REFORM v. REPUBLIC CALLEJO, SR., J.
We agree with the petitioner's contention that, through negligence, the OSG filed the respondent's notice of appeal with the RTC one day beyond the reglementary period therefor. The pretext that the OSG overlooked the fact that the month of July has 31 days instead of 30 days is incongruous and preposterous. The OSG has the responsibility of monitoring and keeping track of the period of time left to file an appeal.[11] In Republic v. Peralta,[12] the Court emphasized that:In a case of recent vintage, the Court took to task the OSG for its lackadaisical attitude and complacency in the handling of its cases for the government and reminded the OSG that: