Elizabeth Sublay v. NLRC [G.R. No. 139194, January 31, 2000]

FACTS: Elizabeth Sublay was employed as Chief Accountant for Euro-Swiss Food Inc. until her termination on December 31, 1994. In filing a case for illegal dismissal, she claimed that she was unjustly dismissed as there was not just and valid cause for her dismissal. The Labor Arbiter ordered private respondent to pay petitioner her separation pay. She appealed the decision to the NLRC; however petitioner filed her appeal seven days late. The NLRC dismissed her appeal.

ISSUE: Whether or not NLRC committed grave abuse of discretion in denying the appeal on a mere technicality.

HELD: No. The perfection of appeal within the statutory or reglementary period is not only mandatory but also jurisdictional and failure to do so renders the questioned decision final and executory, and deprives the appellate court the legal authority to alter the final judgment to entertain the appeal.