Sebios, Jr. v. Qualfon Philippines, Inc.
This is a civil case, G.R. No. 246546, entitled "Zosimo P. Sebios, Jr. vs. Qualfon Philippines, Inc. and Janet M. Borgonia." On June 26, 2019, the Supreme Court dismissed the petition outright for being filed beyond the 15-day reglementary period. The petitioner received the Court of Appeals' Resolution denying the motion for reconsideration on February 4, 2019, but the petition was only filed on April 5, 2019. The Court emphasized that the negligence or mistakes of counsel bind the client and that the petition was filed out of time, rendering the CA ruling final, executory, and unappealable.
ADVERTISEMENT
SECOND DIVISION
[G.R. No. 246546. June 26, 2019.]
ZOSIMO P. SEBIOS, JR., petitioner, vs.QUALFON PHILIPPINES, INC. AND JANET M. BORGONIA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated26 June 2019which reads as follows:
"G.R. No. 246546 (Zosimo P. Sebios, Jr. v. Qualfon Philippines, Inc. and Janet M. Borgonia)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 outright for being filed out of time.
Under Section 2, 2 Rule 45 of the Rules of Court, petitioner has fifteen (15) days from receipt of the January 7, 2019 Resolution 3 of the Court of Appeals (CA) denying the motion for reconsideration 4 within which to file a petition for review on certiorari. Petitioner admitted to have received the above-mentioned Resolution on February 4, 2019; 5 thus, he had until February 19, 2019 to file his petition. Instead, petitioner filed the instant petition only on April 5, 2019, 6 on the justification that his previous counsel had mistakenly advised him that he had sixty (60) days to file the petition. 7 Unfortunately, the Court finds said justification to be unavailing. It is well-settled that the negligence of counsel binds the client, even mistakes in the application of procedural rules. Considering that the petition was filed out of time, the CA ruling had become final, executory, and unappealable. HTcADC
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-39.
2. Section 2. Time for filing; extension. — The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment. On motion duly filed and served, with full payment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition. (Emphasis supplied)
3.Rollo, pp. 58-59. Penned by Associate Justice Edward B. Contreras with Associate Justices Edgardo L. Delos Santos and Gabriel T. Ingles, concurring.
4. Dated October 12, 2017; id. at 49-57.
5. See id. at 4.
6. See id. at 39.
7. See id. at 4.
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