Working or calendar days? Appeal period

In the case of Firestone Tire and Rubber Co. v. Lariosa and NLRC (G.R. No. L-70479, February 27, 1987), the "Notice of Decision" which the employee's lawyer received together with a copy of the labor arbiter's decision advised them that an appeal could be taken to the National Labor Relations Commission (NLRC) within ten (10) "working" days from receipt of the said decision.

The Supreme Court held that the 10-day period within which to appeal from the decision of the Labor Arbiter to the National Labor Relations Commission (NLRC) consists of 10 calendar (not working) days. However, the High Court, exercising equity jurisdiction, decided to overlook this particular procedural lapse and to proceed with the resolution of the case.

Article 223 of the Labor Code clearly provides for a reglementary period of ten (10) days within which the appeal of a decision of the Labor Arbiter should be brought to the NLRC. The ten-day period has been interpreted by the Court in the case of Vir-jen shipping and Marine Services, Inc. v. NLRC (G.R. Nos. 58011-12, July 12, 1982) to mean ten (10) "calendar" days and not ten (10) "working" days.

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