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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-2009 Jurisprudence                 

  • A.C. No. 5688 - Felipe E. Abella v. Atty. Asteria E. Cruzabra

  • A.C. No. 6674 - Robert Bernhard Buehs v. Atty. Inocencio T. Bacatan

  • A.C. No. 7036 - Judge Lily Lydia A. Laquindanum v. Atty. Nestor Q. Quintana

  • A.C. No. 8010 - KeldStemmerik, represented by Attys. Herminio. Liwanag and Winston P.L. Esguerra v. Atty. Leonuel N. Mas

  • A.M. No. MTJ-05-1588 Formerly No. 04-9-511-RTC - Judge Divina Luz P. Aquino-Simbulan v. Presiding Judge Nicasio Bartolome, et al.

  • A.M. No. MTJ-06-1659, A.M. NO. P-06-2254 and A.M. NO. MTJ-09-1730 - Anna Jane D. Lihaylihay, etc. v. Judge Alejandro Canda etc. / Judge Alejandro Canda, etc., v. Anna Jane D. Lihaylihay

  • A.M. No. P-04-1830 Formerly A.M. No. 04-6-151-MCTC - Office of the Court Administrator v. Sylvia Canque etc.

  • A.M. No. P-07-2400 Formerly OCA IPI No. 07-2589-P - Judge Isidra A. Arganosa-Maniego v. Rogelio T. Salinas etc.

  • A.M. No. P-08-2434 - Lyn L. Llamasares, etc. v. Mario M. Pablico, etc.

  • A.M. No. P-08-2450 Formerly OCA IPI No. 00-27-CA-P - Aurora B. Go v. Margarito A. Costela, Jr., etc.

  • A.M. No. P-08-2579 - Odaline B. Narag v. Maritess R. Manio, Court Interpreter III, RTC of Tuguegarao City, Branc 4

  • A.M. No. RTJ-06-1984 Formerly OCA IPI No. 05-2255-RTJ - Valeriano F. Nu es v. Judge Francisco B. Ibay, etc.

  • A.M. No. RTJ-06-1991 - Office of the Court Administrator v. Hon. Tibing A. Asaali

  • A.M. No. RTJ-07-2063 Formerly OCA I.P.I. No. 07-2588-RTJ, A.M. NO. RTJ-07-2064 : June 26, 2009 Formerly OCA I.P.I. No. 07-2608-RTJ and A.M. NO. RTJ-07-2066 : June 26, 2009 Formerly OCA I.P.I. No. 07-2628-RTJ - Republic of the Philippines v. Judge Ramon S

  • G.R. No. 147097 - Carmelo Lazatin, et al. v. Hon. Aniano A. Disierto, et al.

  • G.R. No. 147925-26 - Elpidio S. Uy, etc. v. Public Estates Authority and the Honorable Court of Appeals

  • G.R. No. 149273 - Beinvenido C. Gilles v. Court of Appeals, Schema Konsult and Edgardo Abores

  • G.R. No. 150677 - Renato Reyes So v. Lorna Valera

  • G.R. No. 152889 - Enrique V. Viudez v. Hon Basilio R. Gabo, Jr. etc., et al.

  • G.R. No. 152928 - Metropilitan Bank and Trust Company v. National Labor Relations Commission, Felipe A. Patag and Bienvenido C. Flora

  • G.R. No. 154717 - Bonifacio M. Mejillano v. Enrique Lucillo, et al.

  • G.R. No. 155502 - Sarabia Optical and Vivian Sarabia-Orn v. Jeanet B. Camacho

  • G.R. No. 155504 - Professional Video, Inc. v. Technical Education and Skills Development Authority

  • G.R. No. 156009 - Rommel C. Briones v. People of the Philippines

  • G.R. No. 157384 - Erlinda I. Bildner and Maximo K. Illusorio v. Erlinda K. Illusorio, Ramon K. Illusorio, Marrietta K. Illusorio, Sheree K. Illusorio, Cecilia A. Bisu a, and Atty. Manuel R. Singson

  • G.R. No. 154211-12, G.R. NO. 158252, G.R. NO. 166200, G.R. NO. 168272, G.R. NO. 170683 and G.R. NO. 173392 - Spouses Ernesto F. Curata, et al. v. Philippine Ports Authority, Philippine Ports Authority v. Remedios Rosales-Bondoc, et al., Philippine Ports A

  • G.R. No. 157714 - Municipality of Pateros Vs.The Honorable Court of Appeals, et al.

  • G.R. No. 158093 - Alberto Imperial v. Hon. Court of Appeals and the Republic of the Philippines

  • G.R. No. 158703 - Technological Institute of the Philippines Teachers and Employees Organization and its member Magdalena T. Salon v. the Honorable Court of Appeals, et al.

  • G.R. No. 158820-21 - Stronghold Insurance, Company, Inc. v. Tokyu Construction Company, Ltd.

  • G.R. No. 158877 - Joven De Grano, etc., v. Gregorio Lacaba

  • G.R. No. 159186 - Jesse Y Yap v. Hon. Monico G. Cabales, et al.

  • G.R. No. 159517-18 - Hilario P. Soriano and Rosalinda Ilagan v. People of the Philippines, Bangko Sentral ng Pilipinas, adn Philippine Deposit Insurance Corporation

  • G.R. No. 159755 - Grace Gosiengfiao Guillen, etc. v. The Court of Appeals, et al.

  • G.R. No. 160080 - National Power Corporation v. Carlos Villamor

  • G.R. No. 161027 - Francisco G. Calma v. Arsenio Santos, et al.

  • G.R. No. 161034 - Zenaida Acosta, et al. v. Trinidad Salazar, et al.

  • G.R. No. 161366 - Sycip, Gorres, Velayo, & Company v. Carol De Raedt

  • G.R. No. 161407 - Joaquin Villegas, et al. v. Rural Bank of Tanay, Inc.

  • G.R. No. 161533 - Filomena Soneja v. Honorable Court of Appeals and Ramon Saura, Jr.

  • G.R. No. 161794 - Nestor J. Balladares, etal., v. Peak VenturesCorporation, et al.

  • G.R. No. 162103 - Marylou B. Tolentino, M.D. v. Shenton Realty Corp.

  • G.R. No. 162286 - Glen Pascual Y Malumbay, et al. v. People of the Philippines

  • G.R. No. 162374 - Rodolfo B. Arce o v. Government Serivec Insurance System

  • G.R. No. 162538 - Nissan North Edsa Balintawak, Quezon City v. Angelito Serrano, Jr. and Edwin Tagulao

  • G.R. No. 163244 - Spouses Jose T. Valenzuela & Gloria Valenzuela v. Kalayaan Development and Industrial Corporation

  • G.R. No. 163868 - Romualdo Pagsibigan v. People of the Philippines and Eleazar Cabasal

  • G.R. No. 163924 - ''J'' Marketing Corporation, represented by its Branch Manager Elmundo Dador

  • G.R. No. 164423 - Triumph International (PHILS.), Inc., v. Ramon L. Apostol, et al.

  • G.R. No. 164584 - Philip Mattews v. Benjamin A. Taylor and Joselyn C. Taylor

  • G.R. No. 164631 - Land Bank of the Philippines v. Rene Ralla Belista

  • G.R. No. 164648 - Eric L. Lee v. Hon. Henry J. Trocino, et al.

  • G.R. No. 165407 - Herminigildo Inguillom, et al. v. First Philippine Scales, Inc., et al.

  • G.R. No. 165411 - Wilma Tabaniag v. People of the Philippines

  • G.R. No. 165424 - Lester Benjamin S. Halili v. Chona M. Santos-Halili and the Republic of the Philippines

  • G.R. No. 165742 - Tri-Corp Land & Development, Inc. represented by Solita S. Jimenez-Paulino v. Court of Appeals and Greystone Corporation

  • G.R. No. 165756 - Hotel Enterprises of the Philippines, Inc., etc. v. Samahan ng mga Manggagawa sa Hyatt-National Union of Workers in the Hotel Restaurant, etc.

  • G.R. No. 165781 - Raul S. Tello v. People of the Philippines

  • G.R. No. 165895 - Terlyngrace Rivera v. Florencio L. Vargas

  • G.R. No. 166036 - Nena A. Cari o v. Estrella M. Espinosa, represented by her atty-in-fact Manuel P. Mejia, Jr.

  • G.R. No. 166393 - Cristina F. Reillo, et al. v. Galicano E. San Jose etc., et al.

  • G.R. No. 166498 - Hon. Secretary of Finance, et al. v. La Suerte Cigar and Cigarette Factory, et al.

  • G.R. No. 166518 - National Housing Authority v. Heirs of Isidro Guivelorido, et al.

  • G.R. No. 167017 - Serafin Cheng v. Spouses Vittorio and Ma. Helen Donini

  • G.R. No. 167420 - Allied Banking Corporation v. Ruperto Jose H. Mateo, represented by Warlito Mateo, as Attorney-in-fact

  • G.R. No. 167710 - People of the Philippines v. joven De Grano, et al.

  • G.R. No. 168039 - Office of the Ombudsman v. Fernando J. Beltran

  • G.R. No. 168184 - Republic of the Philippines v. Ruby Lee Tsai

  • G.R. No. 168215 - LBC Express Metro Manila, Inc. and Lorenzo A. Ni o v. James Mateo

  • G.R. No. 168332 and G.R. NO. 169053 - Teodoro O. Arcenas, Jr., et al. v. Hon. Sixto Marella, Jr., Presiding Judge Branch 138, RTC, Makati City and Ana Maria Koruga

  • G.R. No. 168660 - Hilarion, Jr. and Enrico Orendain, represented by Fe Orendain v. Trusteeship of the Estate of Do a Margarita Rodriquez

  • G.R. No. 168693 - The People of the Philippines v. Jessie Mariano y Isla

  • G.R. No. 168848 and G.R. NO. 169019 - Heirs of the late Jose Luzuriaga, etc., v. Republic of the Philippines thru the Office of the Solicitor General/Heirs of the late Jose Luzuriaga, etc., v. Republic of the Philippines thru the Office of the Solicitor G

  • G.R. No. 168859 and G.R. NO. 168897 - United Coconut Planters Bank, et al. v. E. Ganzon, Inc./E. Ganzon, Inc. v. united Coconut Planters Bank, et al.

  • G.R. No. 168863 - Hi-Yield Realty, Incorporated v. Hon. Court of Appeals, et al.

  • G.R. No. 169173 - M+W Zander Philippines, Inc. and Rolf Wiltschek v. Trinidad M. Enriquez

  • G.R. No. 169276 - Dionosia Monis Lagunilla, et al., v. Andrea Monis Velasco, et al.

  • G.R. No. 169589 - Joaquin Soliman, et al., v. Pampanga Sugar Development Company (PASUDECO), Inc., and Gerry Rodriguez

  • G.R. No. 170126 - Philippines Veterans Bank v. Solid Homes, Inc.

  • G.R. No. 170182 - Leonardo Tarona, et al. v. Court of Appeals, et al.

  • G.R. No. 170222 - Edgar Esqueda v. People of the Philippines

  • G.R. No. 170312 - Philippine Basketball Association v. Honorable Manuel B. Gaite, in his capacity as Deputy Secretary for Legal Affairs of the Office of the President, et al.

  • G.R. No. 170447 - Bienvenido Di o, et al. v. Pablo Olivarez

  • G.R. No. 170782 - Siain Enterprises, Inc. v. Cupertino Realty Corp. and Edwin R. Catacutan

  • G.R. No. 171137 - Philippine Commericial International Bank v. Sps. Wilson Dy Hong Pi and Lolita Dy and Sps Primo Chuyaco, Jr. and Chuyaco

  • G.R. No. 171188 - People of the Philippines v. Jessie B. Castillo and Felicito R. Mejia

  • G.R. No. 171453 - People of the Philippines v. Manuel Delpino

  • G.R. No. 171535 - Mactan-Ceby International Airport Authority v. Sps. Edito and Merian Tirol and Sps. Alejandro and Mirando Ngo

  • G.R. No. 171762 - Lynn Maagad and Director of Lands v. Juanito Maagad

  • G.R. No. 171763 - Maria Luisa Park Association, Inc., v. Samantha Marie T. Almendras and Pia Angela T. Almendras

  • G.R. No. 172045 - Commissioner of Internal Revenue v. First Express Pawnshop Company, Inc.

  • G.R. No. 172198 - Ma. Lourdes C. De Castro v. Crispino De Castro, Jr., Office of the City Prosecutor for Manila, and the Office of the Solicitor General

  • G.R. No. 172367 - Felicidad Dadizon, et al. v. Socorro Bernadas, et al.

  • G.R. No. 172400 - Zosimo Octavio and Jesus Albona (substituted by his wife, Violeta Albona) v. Enrico R. Perovano

  • G.R. No. 172547 - Precy Bunyi and Mila Bunyi v. Fe S. Factor

  • G.R. No. 172785-86 - Cruzvale, Inc. v. Jose Armando L. Eduque, et al.

  • G.R. No. 172925 - Government Service Insurance System v. Jaime K. Ibarra

  • G.R. No. 172931 - Republic of the Philippines v. RTC Br. 18, Roxas City, Capiz, et al.

  • G.R. No. 174141 - Pentagon Steel Corporation v. Court of Appeals, et al.

  • G.R. No. 174286 - Traders Royal Bank v. Cuison Lumber Co., Inc., Josefa Jerodias Vda. Cuison

  • G.R. No. 174316 - Teodoro S. Miranda, Jr. v. Asian Terminals, Inc. and Court of Appeals

  • G.R. No. 174862 - People of the Philippines v. Yvonne Sevilla y Caballero

  • G.R. No. 175375 - Conrado O. Lasquite and Teodora I. Andrade v. Victory Hills, Inc.

  • G.R. No. 175788 - Enriquita Angat and the Legal Heirs of Federico Angat v. Republic of the Philippines

  • G.R. No. 176015 - Mercedita T. Guasch v. Arnaldo Dela Cruz

  • G.R. No. 176135 - Carlos Irwin G. Baldo v. Commission on Elections. et al.

  • G.R. No. 176157 Formerly G.R. No. 155937 - People of the Philippines v. Elpidio Impas y Polbera

  • G.R. No. 176380 - Pilipinas Shell Petroleum Corporation v. Commissioner of Customs

  • G.R. No. 176530 - Sps. Constante Agbulos and Zanaida Padilla Agbulos v. Nicasio Gutierrez, Josefa Gutierrez and Elena G. Garcia

  • G.R. No. 176744 - People of the Philippines v. Adelado Anguac y Ragadao

  • G.R. No. 177011 - Joseph Peter Sison, et al. v. Rogelio Tablang

  • G.R. No. 177148 - PEOPLE OF THE PHILIPPINES v. RAUL NU ES Y REVILLEZA

  • G.R. No. 177164 - People of the Philippines v. Ramon Frodonzo y Dalida

  • G.R. No. 177179 - V C. Cadangen, et al. v. The Commission on Elections

  • G.R. No. 177404 and G.R. NO. 178097 - Land Bank of the Philippines v. Kumassie Plantation Company Incorporated / Kumassie Plantation Company Incorporated v. Land Bank of the Philippines and the Secretary of the Department of Agrarian Reform

  • G.R. No. 177549 - Anthony S. Yu, et al., v. Joseph S. Yukayguan, et al.

  • G.R. No. 177795 - Leah M. Nazareno, et al. v. City of Dumaguete, represented by City Mayor Agustin Percides, et al.

  • G.R. No. 178337 - Carment R. Ritualo v. People of the Philippines

  • G.R. No. 178461 - California Manufacturing Company, Inc. v. The City of Las Pi as, et al.

  • G.R. No. 178520 - AMA Computer College-East Rizal, et al. v. Allan Raymond R. Ignacio

  • G.R. No. 178624 - Jose Concepcion, Jr. v. Commission on Elections

  • G.R. No. 179090 - Leonilo Sanchez Alias Nilo v. People of the Philippines and Court of Appeals

  • G.R. No. 179452 - Civil Service Commission, Anicia De Lima, in her capacity as Regional Director of CSC-NCR v. Larry M. Alfonso

  • G.R. No. 179700 - People of the Philippines v. Gwyn Quinicot y Curativo

  • G.R. No. 179943 - People of the Philippines v. Marlon Albert De Leon y Homo

  • G.R. No. 180048 - Roseller De Guzman v. Commission on Elections, et al.

  • G.R. No. 180067 - Republic of the Philippines v. Iglesia ni Cristo, Trustee and Applicant, with its Executive Minister Era o Manalo as Corporate Sole

  • G.R. No. 180197 - Francisco N. Villanueva v. Virgilio P. Balaquer, et al.

  • G.R. No. 180755 - Pedriatica, Inc. v. Joselito T. Rafaeles

  • G.R. No. 180817 - Multi-Trans Agency Phils., Inc. v. Oriental Assurance Corporation

  • G.R. No. 180941 - Chairman Percival C. Chavez, Chair and Chief Executive Officer, Presidential Commission for the Urban Poor v. Lourdes R. Ronidel and Honorable Court of Appeals 9th Division

  • G.R. No. 181084 - People of the Philippines v. Bartolome Tampus and Ida Monresclaros

  • G.R. No. 181132 - Heirs of Loreto C. Maramag, etc. v. Eva Verna De Guzman Maramag, et al.

  • G.R. No. 181675 - Spouses Eduardo Tnakiang and Mayda Tankiang v. Metropolitan and Trust Company, Inc.

  • G.R. No. 181688 - Daikoku Electronics Phils., Inc. v. Alberto J. Raza

  • G.R. No. 183211 - Philippine National Bank v. Gotesco Tyan Ming Development, Inc.

  • G.R. No. 183753 - Archinet International, Inc., et al. v. Becco Philippines, Inc., et al.

  • G.R. No. 184081 - Global Holiday Ownership Corporation v. Metropolitan Bank & Trust Company

  • G.R. No. 184704 - People of the Philippines v. Leodegario Bascuguin y Agquiz

  • G.R. No. 184756 - People of the Philippines v. Joven Jumawid

  • G.R. No. 184804 - People of the Philippines v. Rashamia Hernandez y Santos and Grace Katipunan y Cruz

  • G.R. No. 184861 - Dreamwork Construction, Inc. v. Cleofe S. Janiola and Hon. Arthur A. Famini

  • G.R. No. 184915 - Nilo T. Pates v. Commission on Elections and Emelita B. Almirante

  • G.R. No. 185140 - Jerry B. Aguilar v. The Commission on Elections and Romulo R. Insoy

  • G.R. No. 185164 - People of the Philippines v. Frederick Richie Teodoro y Dela Cruz

  • G.R. No. 185284 - People of the Philippines v. Jason Sy

  • G.R. No. 185380 - People of the Philippines v. Rogelio Marcos

  • G.R. No. 185724 - People of the Philippines v. Jessie Malate y Canete

  • G.R. No. 185860 - Antonio and Rodolfo Duran v. People of the Philippines

  • G.R. No. 187883 and G.R. NO. 187910 - Atty. Oliver O. Lozano and Atty. Evangeline J. Lozano-Endriano v. Speaker Prospero C. Nograles, Representative, Majority, House of Representatives - Louis "Barok" C. Biraogo v. Speaker Prospero C. Nograles, Representa

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    G.R. No. 180755 - Pedriatica, Inc. v. Joselito T. Rafaeles

      G.R. No. 180755 - Pedriatica, Inc. v. Joselito T. Rafaeles

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. NO. 180755 : June 19, 2009]

    PEDIATRICA, INC., Petitioner, v. JOSELITO T. RAFAELES, Respondent.

    R E S O L U T I O N

    NACHURA, J.:

    Before this Court is a Petition for Review on Certiorari under Rule 45 of the Rules of Court seeking the annulment of the June 26, 2007 Decision and November 13, 2007 Resolution of the Court of Appeals (CA) in CA-G.R. CEB SP No. 02058.

    Respondent Joselito Rafaeles was employed by petitioner Pediatrica, Inc. as a Professional Service Representative (PSR), more commonly known as a medical representative. As a PSR, he was responsible for detailing petitioner's products to doctors. During the period material to this case, he was assigned at Cebu City.1

    In the course of his work, he was required to accomplish a Call Report Slip.2 This document is a record of, among others, the doctors' names, when the PSR called upon said doctor, and the items or products (physician's samples) issued to those doctors. As a matter of strict policy, the company requires that the integrity and accuracy of the Call Report Slip be maintained at all times since it contains valuable information to aid in the company's operations and administration of its personnel.3 Thus, petitioner considers as a serious offense the submission of an inaccurate Call Report Slip or one that contains false information or forged doctors' signatures.4

    On February 27, 2004, petitioner issued a Memorandum to respondent asking him to explain certain discrepancies in some of the Call Report Slips he had submitted; in particular, those where some of the doctors' signatures did not appear to be genuine. As evidence, petitioner attached several disclaimers written by the doctors to the effect that they did not sign the subject Call Report Slips.5

    In his written explanation, respondent alleged that he did not defraud petitioner of cash, stocks, and other properties, and that he did not falsify records, furnish false data, or commit dishonesty with deliberate intent to defraud the company. He claimed that, in their absence, the doctors authorized their respective clinic personnel to receive the samples. He also argued that since the disclaimers were not authenticated, these cannot be given credence.6 During the hearing that followed, respondent claimed that when doctors were in a hurry, or did not want to talk to a PSR, he would just leave the samples in the doctor's cabinet and the secretaries would sign on the doctor's behalf.7

    Subsequently, petitioner's Operations Director, Virgilio Marfori, personally inquired into the accuracy of respondent's claim that doctors often allowed their secretaries to sign the Call Report Slips, and he allegedly found that the doctors did not allow their nurses or secretaries to sign for them. One of the doctors, Dr. Limchiu, issued an affidavit to that effect.8

    On April 29, 2004, respondent submitted a letter stating that he never said that the doctors allowed or instructed their secretaries or nurses to sign for them. He simply claimed that the secretaries or nurses signed for the doctors as proof that the doctors received the samples meant for them. He added that the doctors' denials did not negate the fact that their secretaries or nurses signed the Call Report Slips acknowledging receipt of the samples.

    In a Memorandum dated May 8, 2004, petitioner advised respondent that it was terminating his employment for violation of the provisions of the Company Handbook and for loss of confidence.9

    Respondent filed a complaint for illegal dismissal, damages, and money claims against petitioner before the National Labor Relations Commission (NLRC), Regional Arbitration Branch No. VII, Cebu City.10 The Executive Labor Arbiter rendered a decision11 finding that respondent was illegally dismissed and ordered petitioner to reinstate complainant and pay him backwages and his money claims.

    Petitioner appealed the decision. On January 25, 2006, the NLRC issued an Order12 dismissing the appeal on the ground that the same was not perfected because it appeared that of the three joint declarants (the employer, its counsel, and the bonding company) in support of the appeal bond, only one of them - the bonding company representative - swore before the notary public.

    Petitioner filed a motion for reconsideration.13 It alleged that all three joint declarants swore before the notary public attaching, as proof thereof, a Certification from Notary Public Rogel R. Atienza that the representatives from Unilab (petitioner's parent company) and its counsel likewise appeared before the notary public and exhibited their respective Community Tax Certificates (CTC). The NLRC denied the motion saying that the jurat of the Joint Declaration indicated that only one exhibited his CTC before the notary public, confirming that the others did not so appear before the notary public.14

    Petitioner filed a special civil action for certiorari before the CA. On July 25, 2007, the CA issued the assailed Decision.15 It denied the petition and affirmed the NLRC decision. It ruled that petitioner did not comply with the requisites for appeal before the NLRC. The CA found that the Joint Declaration petitioner submitted was defective because the jurat portion did not contain the CTC numbers of the Unilab representatives and its counsel. Moreover, it found that the Joint Declaration was executed by Unilab, not by petitioner itself, which has a separate juridical personality. The CA brushed aside petitioner's contention that since Unilab was its parent company, the latter could post the bond on its behalf.ςηαñrοblεš νιr υαl lαω lιbrαrÿ

    Petitioner's motion for reconsideration was denied in a Resolution dated November 13, 2007.16 It then filed this Petition for Review seeking the reversal of the questioned CA Decision. It argues that the CA ruled contrary to law and jurisprudence when it upheld the NLRC's dismissal of its appeal on a perceived fatal technical error. Likewise, petitioner avers that the CA erred in affirming the NLRC, thus perpetuating the error and grave abuse of discretion committed by the Labor Arbiter in declaring the illegal dismissal of respondent, considering that the termination was for valid and just cause.

    In support of its prayer for a Temporary Restraining Order (TRO) or Writ of Preliminary Injunction, petitioner contends that the CA's Decision is patently null and void for being contrary to law and jurisprudence and for being issued with grave abuse of discretion amounting to lack or excess of jurisdiction. It further argues that without the TRO or injunctive writ, it will suffer grave and irreparable damage and prejudice, since it will be forced to pay respondent's money claim to which he is not entitled. Thus petitioner will be deprived of the use of the fruits of its resources and the damages arising therefrom may not be indemnified. It also says that it will post the necessary bond in the amount this Court deems just and reasonable.

    Acting on the Petition, this Court resolves to deny the same for failing to show that the CA, in issuing the assailed Decision and Resolution, committed reversible error.

    The CA correctly affirmed the NLRC's Resolution dismissing petitioner's appeal for non-perfection thereof. There was no grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the NLRC. It was well within the NLRC's prerogative to dismiss the appeal for failure of the petitioner to comply with the requirements under the NLRC Rules of Procedure.

    Appeal is not a constitutional right but a mere statutory privilege. It must be exercised strictly in accordance with the provisions set by law.17 The perfection of an appeal in the manner and within the period permitted by law is not only mandatory, but also jurisdictional. Failure to perfect the appeal renders the judgment of the court final and executory.18

    Procedural rules are not to be belittled or dismissed simply because their non-observance may have resulted in prejudice to a party's substantive rights. Like all rules, they must be followed except only, for the most persuasive of reasons, when they may be relaxed to relieve a litigant of an injustice not commensurate with the degree of his thoughtlessness in not complying with the procedure prescribed.19

    Indeed, this Court had, on numerous occasions, veered away from the general rule and relaxed the application of technical rules when, in its assessment, the appeal on its face appeared absolutely meritorious. Truly, the Court had, in a number of instances, relaxed procedural rules in order to serve and achieve substantial justice.20

    However, we find that the circumstances in this case do not warrant the relaxation of the rules. The Certification issued by the notary public will not save the day for petitioner. The same is merely a belated attempt to comply with the requirements under the NLRC Rules of Procedure and the Notarial Rules. Petitioner failed to explain how, if indeed the Unilab representatives and their legal counsel appeared before the Notary Public together with the bonding company representative, they failed to indicate their CTC numbers on the document knowing fully well - the legal counsel most especially - that the same is required by law. To allow such certification to "cure" the procedural lapse made by petitioner would undermine the integrity of notarized documents.

    WHEREFORE, the foregoing premises considered, the Petition is DENIED and the June 26, 2007 Decision and November 13, 2007 Resolution of the Court of Appeals in CA-G.R. CEB SP No. 02058 are AFFIRMED.

    SO ORDERED.

    Endnotes:


    1 Rollo, p. 5.

    2 Id.

    3 Id. at 6.

    4 Id. at 7.

    5 Id. at 10-11.

    6 Id. at 11.

    7 Id. at 12.

    8 Id.

    9 Id. at 13.

    10 Id. at 87-88.

    11 Id. at 194-208.

    12 Id. at 307-308.

    13 Id. at 309-312.

    14 Id. at 313-314.

    15 Id. at 48-61.

    16 Id. at 63-64.

    17 Spouses Manalili v. Spouses De Leon, 422 Phil. 214, 220 (2001).

    18 Cuevas v. Bais Steel Corporation, et al., 439 Phil. 793, 805 (2002).

    19 Land Bank of the Philippines v. Ascot Holdings and Equities, Inc., G.R. No. 175163, October 19, 2007, 537 SCRA 396, 406 citing Lazaro v. Court of Appeals, G.R. No. 137761, April 6, 2000, 330 SCRA 208.

    20 Air France Philippines v. The Honorable Judge Emilio L. Leachon, G.R. No. 134113, October 12, 2005, 472 SCRA 439, 443.

    G.R. No. 180755 - Pedriatica, Inc. v. Joselito T. Rafaeles


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