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[ G.R. No. 130324. January 25, 1999]

ESTRELITA MKTG. CORP. vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 25, 1999.

G.R. No. 130324 (Estrelita Marketing Corporation vs. National Labor Relations Commission, et al.)

It appearing that Atty. Albert G. Fanoga, counsel for private respondent, has failed up to this late date to comply with the show cause resolution of September 21, 1998 for his failure to file private respondent's comment on the petition for certiorari as required in the resolution of February 2, 1998, the Court RESOLVES: (a) to impose upon Atty. Fanoga a FINE of P1,000.00 payable to this Court within ten (10) days from notice hereof or imprisonment of five (5) days if such fine is not paid within the prescribed period; and (b) to require him to COMPLY with the resolution of February 2, 1998 by submitting to this Court the required comment also within ten (10) days from notice hereof.

Consistent with the pronouncement of this Court in St. Martin Funeral Home vs. National Labor Relations Commission, et al., G.R. No. 130866, September 16, 1998, that all references in the amended Section 9 of B.P. No. 129 to supposed appeals from the National Labor Relations Commission to the Supreme Court are interpreted to mean and refer to petitions for certiorari under Rule 65 of the Rules of Court, and that consequently, all such petitions should henceforth be initially filed in the Court of Appeals in strict observance of the doctrine on the hierarchy of courts as the appropriate forum for the relief desired, the Court further RESOLVES to REFER this petition for certiorari to the Court of Appeals for appropriate action and disposition.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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