FIRST DIVISION
[G.R. No. 242043. January 7, 2019.]
AUGUSTIN INTERNATIONAL CENTER, INC. (AICI), petitioner, vs. ROGITO P. ZACARIAS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 7, 2019which reads as follows:
"G.R. No. 242043 — Augustin International Center, Inc. (AICI), Petitioner, v. Rogito P. Zacarias, Respondent.
Acting on petitioner's Motion for Extension of Time to File Petition for Review on Certiorari, the Court resolves to GRANT it an additional period of thirty (30) days from the expiration of the reglementary period on October 4, 2018 within which to file a petition.
Considering the allegations, arguments, and issues raised in this Petition, the Court further resolves to DENY the same for failure to show that the Court of Appeals (CA) in CA-G.R. SP No. 153045 committed any reversible error in dismissing petitioner's Petition for Review filed under Rule 43 of the Rules of Court.
Well-settled in jurisprudence that the proper recourse to assail the decisions or orders of the Secretary of Labor or the Department of Labor and Employment (DOLE) is through a petition for certiorari (under Rule 65 of the Rules of Court). 1 Such petition for certiorari must be seasonably filed with the CA within sixty (60) days from the notice of the DOLE order denying one's motion for reconsideration. 2 As such, for having filed a Rule 43 petition in order to challenge the resolutions of the DOLE, petitioner availed of a wrong remedy. Thus, the CA properly dismissed its petition for being an improper remedy.
ACCORDINGLY, the Court resolves to AFFIRM the assailed November 29, 2017 and September 10, 2018 Resolutions of the Court of Appeals in CA-G.R. SP No. 153045. ScaCEH
The Court of Appeals and the Department of Labor and Employment (Office of the Secretary) are hereby DELETED as party-respondents pursuant to Section 4, Rule 45 of the Rules of Court.
SO ORDERED." Bersamin, C.J., on official leave; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2632 dated December 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Barairo v. Office of the President, 667 Phil. 489, 492 (2011).
2.University of Immaculate Concepcion v. Secretary of Labor and Employment, 476 Phil. 704, 711 (2004).