102. Benguet Electric Cooperative vs NLRC

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  • 7/25/2019 102. Benguet Electric Cooperative vs NLRC

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    Benguet Electric Cooperative vs NLRC G.R. No.

    89070, May 18, 199

    !urispru"ence#

    The established rule is that the date of delivery of pleadings to a private letter-

    forwarding agency is not to be considered as the date of ling thereof in court, and

    that in such cases, the date of actual receipt by the court, and not the date of

    delivery to the private carrier, is deemed the date of ling of that pleading.

    $acts#

    There is no dispute about the fact that the Beneco Board members received

    the decision of the labor Arbiter on 21 April 1!!. Accordingly, and because 1 "ay

    1!! was a legal holiday, they had only up to 2 "ay 1!! within which to perfect

    their appeal by ling their memorandum on appeal. #t is also not disputed that the

    respondent Board members$ memorandum on appeal was posted by registered

    mail on % "ay 1!! and received by the &'() the following day.

    (espondent Board members, however, insist that their "emorandum on

    Appeal was led on time because it was delivered for mailing on 1 "ay 1!! to the

    *arcia )ommunications )ompany, a licensed private letter carrier. The Board

    members in e+ect contend that the date of delivery to *arcia )ommunications was

    the date of ling of their appeal memorandum.

    %ssue##s the memo of appeal led on time

    Ruling#

    &o, B&) Board member$s contention runs counter to the established rule that

    transmission through a private carrier or letter-forwarder // instead of the

    0hilippine 0ost +ice // is not a recognied mode of ling pleadings. The

    established rule is that the date of delivery of pleadings to a private letter-

    forwarding agency is not to be considered as the date of ling thereof in court, and

    that in such cases, the date of actual receipt by the court, and not the date of

    delivery to the private carrier, is deemed the date of ling of that pleading.