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[ G.R. No. 137885. May 17, 1999]

FIRST ELECTRO DYNAMICS CORP. vs. HON. SEC. OF LABOR & EMPLOYMENT, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAY 17 1999.

G.R. No. 137885 (First Electro Dynamics Corporation vs. The Hon. Secretary of Labor and Employment and Nagkakaisang Manggagawa Organization of Workers Employment.)

Private respondent before the Med-Arbiter's Office a petition for certification election among the rank and file employees of petitioner. The latter opposed the petition alleging that the former lacks juridical personality. Later, the Med-Arbiter issued an order granting the petition for certification election. Petitioner appealed to public respondent but to no avail. Its subsequent motion for reconsideration having been denied, petitioner filed the instant petition for certiorari with prayer for issuance of a temporary restraining order and/or a writ of preliminary injunction.

The petition must fail. Petitioner failed to comply with the requirement of stating the material date as to when it filed a motion for reconsideration of the assailed resolution issued by public respondent. Moreover, the attached resolutions cannot be considered as certified true copies under Section 1 of Rule 65 (1997 Rules of Civil Procedure) considering that the designation and name of the official certifying the same are not stated. Non-compliance with either ground is sufficient reason for the outright dismissal of the petition.

ACCORDINGLY, the petition is DISMISSED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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