Appeal; strict construction - G.R. No. 193531

G.R. No. 193531

"x x x.

We, therefore, found no reversible error committed by the CA when it affirmed the CSC in dismissing petitioner's appeal. Petitioner filed with the CSC a complaint against PAGCOR and its Chairman for illegal dismissal, non-payment of backwages and other benefits on September 14, 2007. The CSC treated the complaint as an appeal from the PAGCOR's dismissal of petitioner. Under Section 43 which we earlier quoted, petitioner had 15 days from receipt of the letter of dismissal to file his appeal. However, at the time petitioner filed his complaint with the CSC, which was considered as petitioner's appeal, 41 days had already elapsed from the time he received his letter of dismissal on August 4, 2007; hence, the CSC correctly found that it has no jurisdiction to entertain the appeal since petitioner's dismissal had already attained finality. Petitioner's dismissal from the service became final and executory after he failed to file his motion for reconsideration or appeal in the manner and within the period provided for under the Revised Uniform Rules on Administrative Cases in the Civil Service.

In Peña v. Government Service and Insurance System,[21] We said:

Noteworthy is that the right to appeal is neither a natural right nor a part of due process, except where it is granted by statute in which case it should be exercised in the manner and in accordance with the provisions of law. In other words, appeal is a right of statutory and not of constitutional origin. The perfection of an appeal in the manner and within the period prescribed by law is not only mandatory but also jurisdictional and the failure of a party to conform to the rules regarding appeal will render the judgment final and executory and, hence, unappealable, for it is more important that a case be settled than it be settled right. Furthermore, it is axiomatic that final and executory judgments can no longer be attacked by any of the parties or be modified, directly or indirectly, even by the highest court of the land. Just as the losing party has the right to file an appeal within the prescribed period, so also the winning party has the correlative right to enjoy the finality of the resolution of the case.[22]

x x x."