SECOND DIVISION
[G.R. No. 204328. January 16, 2013.]
NATION BANK EMPLOYEES' ALLIANCE, petitioner, vs. COURT OF APPEALS [SPECIAL FORMER TWENTIETH DIVISION], THE NATIONAL LABOR RELATIONS COMMISSION [FOURTH DIVISION], CEBU CITY AND NATION BANK, REPRESENTED BY THE VICE-PRESIDENT/ACTING PRESIDENT, EDUARDO A. TA-OCTA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 16 January 2013which reads as follows:
G.R. No. 204328 (Nation Bank Employees' Alliance v. Court of Appeals [Special Former Twentieth Division], The National Labor Relations Commission [Fourth Division], Cebu City and Nation Bank, represented by the Vice-President/Acting President, Eduardo A. Ta-octa).
After a judicious perusal of the records, the Court resolves to DISMISS the instant petition for certiorari under Rule 65 of the Rules of Court for being the wrong mode of appeal from a decision of the Court of Appeals (CA).
Records show that the petitioner received the notice of denial of its motion for reconsideration on September 19, 2012; 1 hence, the appeal should have been taken within fifteen (15) days from its receipt or on October 4, 2012 under Rule 45 of the Rules of Court. However, no appeal was filed within the said period rendering the February 21, 2011 Decision 2 of the CA in CA-G.R. SP No. 02190 final and unappealable.
In any event, the Court finds no reversible error or grave abuse of discretion committed by the CA in affirming the April 28, 2006 Decision 3 and July 31, 2006 Resolution 4 of the National Labor Relations Commission, finding that the strike conducted by the petitioner from November 19, 2002 to December 23, 2002 was illegal. (Brion, J., on leave. Leonen, J., designated Additional Member per Special Order No. 1408 dated January 15, 2013.)
SO ORDERED. aDHCcE
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, p. 41. See August 29, 2012 Notice of Resolution of the CA.
2. Id. at 35-39. Penned by Associate Justice Eduardo B. Peralta, Jr., with Associate Justices Edgardo L. Delos Santos and Agnes Reyes Carpio, concurring.
3. Id. at 246-255. Penned by Commissioner Oscar S. Uy, with Presiding Commissioner Gerardo C. Nograles and Commissioner Aurelio D. Menzon, concurring.
4. Id. at 261-263.