February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 200397 : February 27, 2012]
ACE PROMOTION & MARKETING CORPORATION V. ROSALIA M. ROMAN
G.R. No. 200397 (Ace Promotion & Marketing Corporation v. Rosalia M. Roman).
RESOLUTION
The Court, after a review of the records, resolves to DENY the petition for failure to show that the Court of Appeals erred when it dismissed the petition filed by Ace Promotion & Marketing Corporation. A perusal of the records shows that petitioner indeed failed to execute and sign a Certificate of Non-Forum Shopping. Moreover, the Verification it attached to the petition was also defective. First, there was no accompanying Secretary's Certificate containing the board resolution that authorizes Ramil Raymund Rances to file the petition in behalf of petitioner. Second, Rances failed to present any proof of identity before the notary public who notarized the Verification. On the other hand, the Secretary's Certificate containing the board resolution that authorizes Rances to represent petitioner showed that the Board of Directors met only after the petition was filed and before the motion for reconsideration was submitted.
In any case, the Court affirms the NLRC ruling that the June 16 to June 30, 2008 payroll did not have any probative value since it did not contain respondent Rosalia M. Roman's signature evidencing her receipt of the supposed salary. Such being the case, the Court believes that she was really prevented to report back for work effective April 1, 2008 and that the complaint filed on December 4, 2008 was not premature.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court