424 Phil. 904
SANDOVAL-GUTIERREZ, J.:
“Sometime in July, 1993, petitioner (now respondent) Bienvenido R. Garrido, then employed as Deputy Administrator of the PCA for Corporate Services Branch, verbally sought permission from respondent (PCA) Administrator Virgilio M. David to take, more or less, five (5)-month vacation leave in connection with his intention to accept a job offer in Sierra Leone, West Africa, as consultant of a private firm. Not knowing at the moment the full detail and justification of petitioner’s request, respondent Administrator David advised petitioner to see to it that his request is sanctioned by the Civil Service Rules and to prepare the necessary documents for his vacation leave.Aggrieved by the CSC Resolutions, Garrido filed with the Court of Appeals a petition for review which was granted in its challenged Decision, the dispositive portion of which reads:
“On July 21, 1993, petitioner filed his application for leave for ninety-eight (98) days, or from July 28, 1993 to December 17, 1993, with the Human Resources Development Department (HRDD).
“On July 28, 1993, petitioner commenced his vacation leave and departed for Sierra Leone, West Africa.
“Meanwhile, on September 15, 1993, or about two (2) months after the filing of petitioner’s application for leave, respondent PCA Administrator David issued a Memorandum to petitioner Garrido disapproving the latter’s application for leave, thus:‘In view of legal impediment to your application for leave, please be advised that your application cannot be favorably considered.’“On December 18, 1993, (or after 4 months and 20 days) petitioner arrived in the Philippines. Two (2) days thereafter, or on December 20, 1993, he reported back to his office and found the said letter of disapproval of his leave dated September 15, 1993 which was allegedly received by his office on September 21, 1993.
“On December 21, 1993, petitioner was rushed and confined at the Philippine Heart Center for Falcifarum Malaria and Multiple Organ Dysfunction until his discharge on January 2, 1994.
“Shortly after his (discharge) from the hospital and upon gaining sufficient strength, petitioner on January 11, 1994 re-filed another vacation leave covering the period from July 28, 1993 to December 17, 1993 and incorporating therewith his application for sick leave for December 20, 1993 to February 28, 1994.
“On February 4, 1994, petitioner received a letter dated January 27, 1994 from respondent David informing him that he has been dropped from the rolls effective December 26, 1993 for being absent without official leave for more than thirty (30) days pursuant to Civil Service Memorandum No. 38, Series of 1993 (CSC MC No. 38, s. 1993).
“On February 18, 1994, petitioner appealed from respondent David’s act of dropping him from the rolls with the respondent Civil Service Commission (CSC).
“On September 5, 1995, respondent CSC rendered the questioned Resolution No. 955443 dismissing petitioner’s appeal. Petitioner moved for the reconsideration of the aforesaid resolution but the same was denied per Resolution dated March 12, 1996.”[3]
“WHEREFORE, the petition is granted and the Resolutions subject of this petition is REVERSED and SET ASIDE. The PCA Administrator is hereby ordered to reinstate petitioner BIENVENIDO R. GARRIDO to his position as Deputy Administrator or its equivalent, without loss of any right or privilege accorded him by the service, and to pay petitioner his back wages and/or salaries and benefits to which he is entitled but has not received as a consequence of his illegal separation from the service.The Court of Appeals, in reversing the CSC Resolutions, held that the dropping of respondent Garrido from the rolls without prior notice, as required by Sec. 35, Rule XVI of the Omnibus Rules Implementing Book V of Executive Order No. 292, is illegal. Petitioner erroneously relied on CSC Memorandum Circular No. 38, Series of 1993 which does not require prior notice. This Circular, amending said Section 35, became effective on October 21, 1993. Considering that the disapproval of respondent's application took place on September 15, 1993, or prior to the effectivity of CSC MC No. 38, petitioner should have applied said Sec. 35 by giving respondent due notice of his impending separation from the service. Thus, the Court of Appeals ruled:
"SO ORDERED.”[4]
"In the instant case, it is beyond cavil that petitioner was not given prior notice of the dropping of his name from the rolls. A reading of respondent PCA Administrator's letter January 27, 1994 which was quoted earlier, reveals that petitioner was in fact being informed in the said letter of the dropping of his name from the rolls "without prior notice" pursuant to CSC MC Circular No. 38, s. 1993. Besides, petitioner was dropped from the rolls effective December 26, 1993 yet the letter informing him of the same was dated January 27, 1994. This only shows that petitioner was dropped from the rolls without prior notice.The CSC and petitioner PCA filed their respective motions for reconsideration of the Court of Appeals Decision but were denied for having been filed one (1) day late.
"In fine, since respondent PCA Administrator failed to give "prior notice" to petitioner in violation of the applicable CSC Rule, the dropping of petitioner from the rolls is legally infirmed and therefore his reinstatement without loss of any right or privilege accorded him by the service is in order."[5]
There is no dispute that petitioner's motion for reconsideration of the assailed Court of Appeals Decision was filed one (1) day late. Section 1, Rule 52 of the 1997 Rules of Civil Procedure provides:
- Whether or not the Court of Appeals erred in denying petitioner's motion for reconsideration of its assailed Decision for having been filed one (1) day late; and
- Whether or not the Court of Appeals erred in holding that Section 35, Rule XVI of the Omnibus Rules Implementing Book V of Executive Order No. 292 requiring due notice should have been applied by petitioner in dropping respondent from the rolls.
"Section 1. Period for filing. - A party may file a motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof, with proof of service on the adverse party." (n)The period for filing a motion for reconsideration is non-extendible.[6] The Appellate Court is, therefore, correct in ruling that "(t)he failure of the respondents to file their motion for reconsideration within the reglementary period renders the Decision sought to be reconsidered final and executory, thereby depriving this Court the power to alter, modify or reverse the same."[7]