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[ UDK 12838. January 17, 2000]

MELECIO B. AGRA vs. SSS, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 17 2000.

UDK 12838 (Melecio B. Agra vs. Social Security System, Paper Industries Corporation of the Philippines.)

The petition prays for the review of the decision of the Employees Compensation Commission. It appears that petitioner worked with the Paper Industries Corporation of the Philippines from April 15, 1965 to April 13, 1986. During this period, he suffered "degenerative osteoarthritis of the knees and shoulder" and "chronic tophaceous gout with osteoarthritis" which prompted him to resign from the company. He filed for income benefits with the Social Security System under Presidential Decree No. 626, but his claim was denied as his illnesses were not "work connected". He appealed to the Employees Compensation Commission which again denied his claim. He brought this petition for review directly to this Court.

The petition must be denied. Among other fatal procedural errors, petitioner failed to observe the hierarchy of courts.

Section 1 and Section 3 of Rule 43 of the 1997 Rules of Civil Procedure provide that appeals from judgment or final orders of the Employees Compensation Commission shall be taken to the Court of Appeals within the period and in the manner therein provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law.

In addition, the petition suffers from the following fatal defects:

(1) Nonpayment of docket and other lawful fees.

(2) The copy of the decision appealed from is not a certified true copy.

(3) The petition lacks proof of service to the respondent.

Payment is full of docket fees within the prescribed period is mandatory and non-compliance therewith may cause the dismissal of the appeal (Pedrosa v. Hill, 257 SCRA 373 [1996]).

Petition DENIED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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