FIRST DIVISION
[G.R. No. 233610. January 24, 2018.]
JELL TRANSPORT, INC. AND/OR ELENA S. ONG AND JOHNNY ONG, petitioners, vs.TITO ANGELO A. LOPEZ AND RAMCEDEL G. ABANTE, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 24, 2018which reads as follows: HTcADC
"G.R. No. 233610 (Jell Transport, Inc. and/or Elena S. Ong and Johnny Ong v. Tito Angelo A. Lopez and Ramcedel G. Abante). — Hereby NOTED and GRANTED is the Entry of Appearance of petitioners' counsel, with request that all notices, orders, pleadings and other papers be furnished at the 17th Floor, The Taipan Place, F. Ortigas, Jr. Road, Ortigas Center, Pasig City. Likewise, petitioners' motion for an extension of 30 days within which to file a petition for review on certiorari is GRANTED.
After deliberating on the issues presented in the instant case and finding no reversible error in the assailed ruling, this Court resolves to DENY the petition. The Court of Appeals correctly dismissed the petition before it for having been filed out of time.
There is indeed no prohibition regarding the filing of pleadings through a private letter-forwarding agency. However, it is categorically stated in jurisprudence that the date of filing is the date of the court's actual receipt of the pleadings, and not the date of delivery of the pleadings to a private carrier. 1 While this Court has been liberal in the application of procedural rules in exceptional and meritorious circumstances, none are present in the instant case.
WHEREFORE, premises considered, the petition is DENIED. The assailed Resolutions of the Court of Appeals in CA-G.R. SP No. 146537 are AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.Bautista v. Bautista, G.R. No. 202088, 8 March 2017; Heirs of Miranda, Sr. v. Miranda, 713 Phil. 541, 550 (2013); PNB v. CIR, 678 Phil. 660, 673 (2011); Benguet Electric Cooperative, Inc. v. NLRC, 284-A Phil. 484 (1992).