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[G.R. No. 137895.October 27, 1999]

AMEINRI OVERSEAS EMPLOYMENT AGENCY, INC. vs. PARDILLA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 27, 1999.

G.R. No. 137895(Ameinri Overseas Employment Agency Inc. vs. National Labor Relations Commission and Benjamin F. Pardilla.)

On 15 April 1999 petitioner filed instant petition for certiorari alleging that public respondent National Labor Relations Commission gravely abused its discretion when it issued its Resolution of 24 November 1998 affirming the decision of the Labor Arbiter and its Resolution of 15 January 1999 denying petitioner's motion for reconsideration.

On 28 July 1999 we dismissed the petition for wrong choice of forum pursuant to our ruling in St. Martin Funeral Home v. National Labor Relations Commission (G. R. No. 130866, September 16, 1998) that special civil actions arising from the decision or final order of the NLRC should be initially filed in the Court of Appeals as the appropriate forum for the desired reliefs in strict observance of the doctrine on hierarchy of courts.

On 17 September 1999 petitioner moved for reconsideration arguing that the Court erred in dismissing its petition. Petitioner cited A. M. No. 99-2-01-SC which states that "all special civil actions arising out of any decision or final resolution or order of the NLRC filed with the Court after 01 June 1999 shall no longer be referred to the Court of Appeals but shall forthwith be DISMISSED." But since its petition was filed on 5 April 1999, long before the 1 June 1999 deadline, the Court should have referred it to the Court of Appeals instead of outrightly dismissing the same for wrong choice of forum.

On 27 September 1999, however, petitioner filed a motion to withdraw its petition and manifested that it was filing said petition directly with the Court of Appeals, the latter Court "being the proper forum pursuant to the ruling in St. Martin Funeral Home case."

While petitioner is correct in stating that the petition cannot be dismissed for having been filed in the wrong forum since it was filed before the 1 June 1999 deadline, two (2) other grounds warrant its summary dismissal. First, the petition failed to state the material date showing when notice of the questioned NLRC Resolution dated 24 November 1998 was received pursuant to Rule 65, Sec. 4 in relation to Rule 46, Sec. 3 of the 1997 Rules of Civil Procedure. Second, the petition failed to comply with the required certification against forum shopping pursuant to Rule 65, Sec. 1 and Rule 46, Sec. 3 in relation to Rule 56, Sec. 2 and Rule 7, Sec. 5 likewise of the 1997 Rules of Civil Procedure.

ACCORDINGLY, in view of the foregoing, the Court Resolves to DENY the motion for reconsideration filed by petitioner Ameinri Overseas Employment Agency, Inc., there being no substantial argument to warrant the reconsideration sought. This denial is FINAL. Petitioner's motion to withdraw petition and manifestation to file petition directly with the Court of Appeals is NOTED.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG

Acting Div. Clerk of Court


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