ChanRobles Virtual law Library

[ G.R. No. 136174. January 18, 1999]

VALTO INDUSTRIAL MFG. CO., INC. et al. vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 18, 1999.

G.R. No. 136174 (Valto Industrial Manufacturing Company, Inc. and/or Percival Santiago vs. National Labor Relations Commission, et al.)

In accordance with the provisions of Rule 45 governing appeals by certiorari to the Supreme Court, and Rules 65, in relation to Rules 46 and 56, governing petitions for certiorari, prohibition and mandamus, as amended and provided in the 1997 Rules of Civil Procedure effective July 1, 1997, only petitions which are accompanied by or which comply strictly with the following requirements shall be entertained:

1. full payment upon the filing of the petition of the prescribed docket and other lawful fees, together with the deposit for costs, within the reglementary period, unless the petitioner has theretofore done so:

2. appropriate service of a copy of the petition upon the adverse party or parties and on the lower court, tribunal, agency or entity concerned, with the required proof of service thereof;

3. a clearly legible duplicate original, or a certified true copy of the judgment, final order or resolution certified by the clerk of court of the court a quo or the official authorized to do so;

4. a verified statement indicating the material dates when notice of the judgment, final order or resolution was received, when a motion for new trial or reconsideration, if any, was filed, and when notice of the denial thereof was received; and

5. a certification under oath by petitioner that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.

On the basis of the foregoing, the Court RESOLVES to DISMISS the petition for certiorari for non-compliance with the above-mentioned requirement no. 2, the affidavit of service of copies of the petition on the respondents being not in accord with Rule 13, Section 13 in relation to Rule 45, Section 3 of the 1997 Rules of Civil Procedure and, therefore, ineffectual since it failed to state the date of mailing and was sworn to on November 20, 1998 but the date of actual mailing was November 23, 1998 as shown in the registry receipts; besides, the petition was filed out of time the legal fees and deposit for costs paid late on November 23, 1998, due date of both being November 20, 1998.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE