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[G.R. No. 120421. November 20, 2000]

UNIVERSAL TEXTILE MILLS INC. vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 20 2000.

G.R. No. 120421 (Universal Textile Mills Inc. v. National Labor Relations Commission, Associated Labor Union - TUCP and Ariel R. Borja.)

On 19 June 1995 petitioner filed a special civil action for certiorari before this Court assailing the Decision of the NLRC which ordered it to pay separation pay to private respondent Ariel Borja despite the finding that the dismissal was for cause. ¹ Rollo , p. 32.In the Resolution dated 24 July 1995 ² Id., p. 45.private respondents Labor Union and Borja were ordered to comment but failed to do so within the prescribed period. This Court issued several resolutions to compel counsel for private respondent Borja, Atty. Sebastian Abrenica, to file comment but his whereabouts could not be ascertained. Even Senior Agent Dominador Villanueva of the NBI was unable to enforce this Court's Arrest and Commitment Order since Atty. Abrenica could not be located despite the former's exhaustive search. ³ Id ., pp. 197-212.

In the Resolution of 28 June 2000 ⁴ Id ., p. 222.the Court required petitioner to SUBMIT the correct and present address of private respondent Borja within fifteen (15) days from notice thereof or the petition would be dismissed. The records show that petitioner's counsel, Castro, Cardiz and Carag Law Offices, received notice of the Resolution on 25 August 2000, ⁵ Attached Registry Return Receipt, id., p. 222.thus the deadline for submission of private respondent's correct address was 9 September 2000. As of this date, however, petitioner has not yet complied with that requirement nor given justifiable reason for its non-compliance therewith.

ACCORDINGLY, the Court Resolves to dismiss the petition for petitioner's continued failure to comply with the Resolution of 28 June 2000.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA MAGAY-DRIS

Clerk of Court

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