Tuesday, January 27, 2009

Lagera v. NLRC [G.R. No. 123636, march 31, 2000]


Petitioner did not file a motion for reconsideration with the NLRC and immediately filed a special civil action for certiorari. An MR is indispensable for it affords the NLRC an opportunity to rectify errors or mistakes it might have committed before resort to the courts ca be had. Certiorari will lie only if there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law against acts of public respondent. As the MR was not filed within the 10 day reglementary period, the questioned order of the NLRC has become final and executory.

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