G.R. No.

110889 June 30, 1995

JOY L. BOMBASE, petitioner,

vs.
NATIONAL LABOR RELATIONS COMMISSION AND BLISS DEVELOPMENT
CORPORATION (BDC), respondents.

We hold that public respondent NLRC did not commit grave abuse of discretion.

The claim of petitioner that her backwages should be recomputed was correctly
denied by public respondent. The matter was only raised by petitioner when she
moved for reconsideration of the Order of March 19, 1992 of Arbiter del Rosario.
Her motion was denied on July 8, 1992 on the ground that under the rules of
public respondent said motion for reconsideration is a prohibited pleading. The
denial was appealed to the NLRC and it was rightly affirmed by public
respondent NLRC for section 17 Rule 5 of the Revised Rules of the NLRC
categorically provides that "no motions far reconsideration of any order or
decision of the Labor Arbiter shall be given due course." In connection therewith,
Article 223 of the Labor Code, as amended, provides that "decision, awards or
orders of the Labor Arbiter are final and executory unless appealed to the
Commission by any or both parties within ten (10) calendar days from receipt of
such decisions, awards, or orders." It is thus plain that petitioner can no longer
assail the correctness of her award of backwages as she failed to challenge it by
means of appeal to the NLRC and within the ten (10) day period required by the
Labor Code, as amended. In Ramones v. NLRC we held that this appeal period
3

is jurisdictional.
MANILA, Philippines - The Court of Appeals (CA) has ordered the immediate
reinstatement of Commission on Higher Education (CHED) executive director Julito
Vitriolo.

In a 28-page decision dated Aug. 17, the CAs 12th Division dismissed the charges of
gross neglect of duty, grave misconduct, inefficiency and incompetence filed against
Vitriolo by the Office of the Ombudsman and ordered his reinstatement without
diminution of salary and benefits.

The CA found the ombudsmans order dismissing Vitriolo from government service too
harsh and disproportionate to his offense.

Ombudsman records showed Vitriolo failed to investigate an alleged diploma mill

education program between the Pamantasan ng Lungsod ng Maynila and the National
College of Physical Education (NCPE). The complaint was filed by Oliver Felix, a former
PLM faculty member.

The program, created following a memorandum of agreement (MOA) between PLM and
NCPE in 1996, was suspended in 2008 after the Commission on Audit found it
prejudicial to the interest of the university.

The case against Vitriolo was filed after he supposedly failed to comply with requests for
information on the program and conducting an investigation into the existence or
implementation of the program.

Nation ( Article MRec ), pagematch: 1, sectionmatch: 1

Vitriolo was also accused of allowing in 2010 the issuance of transcripts to the
graduates of the program despite its suspension.

The CA, in its ruling on Vitriolos appeal, said it found him liable only for failing to
respondent to Felixs letters and is suspending him for 30 days.

The appelate courts 12th Division is chaired by Associate Justice Apolinario Bruselas
Jr. and composed of Associate Justices Henri Jean Paul Inting, who penned the
decision, and Leoncia Dimagiba as members.

CASE RELATED

http://sc.judiciary.gov.ph/jurisprudence/2011/august2011/187858.htm