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[ G.R. No. 136338. February 3, 1999]

RIZAL INTEGRATED STEEL MILL EMPLOYEES ASS.-CFW, et al. vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 3, 1999.

G.R. No. 136338 (Rizal Integrated Steel Mill Employees Association-CFW, et al. vs. National Labor Relations Commission, et al.)

The motion of petitioners for an extension of thirty (30) days from December 11, 1998 within which to file a petition for certiorari is NOTED.

Acting on the petition for certiorari, the Court RESOLVES to DISMISS the same pursuant to Section 11, Rule 13 in relation to Section 2(c), Rule 56 of the 1997 Rules of Civil Procedure, petitioners having failed to submit a written explanation for the non-personal service of copies of the petition on respondents and on the National Labor Relations Commission; and, to the third paragraph of Section 3, Rule 46 in relation to the first paragraph of Section 2, Rule 56, and Section 13, Rule 13 of the same Rules, the affidavit of service being ineffectual since the date of alleged service on December 24, 1998 is in conflict with the date of actual mailing on December 28, 1998, and said affidavit was sworn to on December 22, 1998 or before service was effected. Moreover, petitioner failed to exhaust administrative remedies, as they did not file the requisite motion for reconsideration of the assailed decision prior to availment of the special civil action of certiorari, nor adduce sufficient reasons to bring the case within any of the recognized exceptions to the rule on exhaustion of administrative remedies.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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