Republic of the Philippines

COURT OF APPEALS
Manila

FORMER FIFTH DIVISION

DON TEODORO V. SANTOS CA-G.R. SP No. 161137

INSTITUTE / MARK FUNK, Vice
President,
Petitioners, Members:

CASTILLO, M.P., Chairperson

PAREDES, and
ONG, JJ.
- versus -

NATIONAL LABOR RELATIONS Promulgated:

COMMISSION and ROSSANA L. 01/29/21
DULAY,
Respondents.
x ------------------------------------------------------------------------------------------------------- x

RESOLUTION
CASTILLO, M., J.:
For resolution is the Motion for Reconsideration 1 filed by
petitioners assailing Our Decision 2 promulgated on June 5, 2020, in
which We affirmed the dismissal of their appeal. No Comment was
filed thereon by the private respondent.

In their motion, petitioners maintain that their appeal was filed

on time on February 7, 2019, considering that their counsel only saw
the Labor Arbiter's Decision on January 29, 2019 (despite the return
receipt indicating that the Decision was delivered to their building on
January 24, 2019). Furthermore, greater injustice may incur if their
appeal is not given due course.

1 Rollo, pp. 291-298.

2 Rollo, pp. 278-285.
CA-G.R. SP No. 161137 2
R e s o l u t i o n
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The aforesaid are matters that were already argued and

pleaded by petitioners in their petition. As such, these arguments
have already been addressed by this Court. As these arguments are
a mere rehash of the issues already raised and resolved, We find no
compelling reason to grant the motion.

WHEREFORE, premises considered, petitioners' Motion for

Reconsideration is DENIED.

SO ORDERED.

MARIFLOR P. PUNZALAN CASTILLO

Associate Justice

WE CONCUR:

VICTORIA ISABEL A. PAREDES

Associate Justice

WALTER S. ONG
Associate Justice