Benguet Electric Cooperative vs. NLRC appeal.

The board member’s appeal was posted

by registered mail on may 3 and received by the
Rule 13
NLRC the following day. Thus it was filed out of
time.

Facts: The board insists that the appeal was made on

Private Respondent Peter Colasan was the
General Manager of Benguet Electric
Cooperative (Beneco).
Colasan Received memorandums from COA
regarding substantial inconsistencies regarding
per diem allowances received by officials and
members of the board with the directives of
NEA ( National Electrification Administration).
The audit report enumerated irregularities in
the utilization of funds amounting to 37 million
released by NEA to Beneco.
time because it was delivered for mailing on
may 1 to Garcia Communications Company a
licensed private letter carrier.
Private letter carrier instead of the Philippine
post office is not a regocnized mode of filing
pleadings. In case of private carrier the date of
actual receipt of court and not date of delivery
to the private carrier is deemed date of the
pleading.

Having ben aware of the serious financial

condition on Beneco andx what appeared to be
mismanagement, Colasa initiated
implementation of remedial measures
recommended by COA. The board responded by
abolishing his allowance and subsequently
ousted Colasan as GM.

Colasan filed w the NLRC a complaint. The Labor

arbiter granted complaint and ordered Colasa
tro be reinstated and joint liability of the board
and Beneco in the payment of backwages.

The board appealed to the NLRC. The NLRC

declared that only Beneco is liable. Beneco filed
a petition on certiorari.

Issue:

WON the appeal was filed out of time.

Ruling:

Yes.

The board members received decision of the LA

on 21 april 1988. And because may 1 is a
holiday they had until may 2 to perfect their