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[G.R. No. 146178. January 22, 2001]

LEPANTO CONSOLIDATED MINING CO. vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 22 2001.

G.R. No. 146178 (Lepanto Consolidated Mining Company vs. Honorable Court of Appeals, et al.)

This is a petition for certiorari brought under Rule 65, seeking to set aside the Resolution of the Court of Appeals in CA-G.R. SP No. 60644 dated October 10, 2000, which denied due course to the petition due to lack of a board resolution or secretary's certificate to show that petitioner corporation's legal officer was specifically authorized to execute the required certification of non-forum shopping.

Assailed in the petition for certiorari before the Court of Appeals was the decision of Voluntary Arbitrator Norma Advincula, ordering petitioner to grant the Lepanto Local Staff Union longevity pay and night shift differential pay.

The instant petition must be granted. The Court of Appeals committed grave abuse of discretion in dismissing the petition for certiorari based on a mere technicality. It has often been held that litigations should, as much as possible, be declared, on the merits and not on technicality. Dismissal of purely on technical grounds is frowned upon, and the rules of procedure ought not to be applied in a very rigid, technical sense, for they are adopted to help secure, not override, substantial justice and thereby defeat their very aims. As has been the constant ruling of this Court, every party litigant should be afforded the amplest opportunity for the proper and just determination of his cause, free from the constraints of technicalities. (Romero v. Civil Service Commission, G.R. No. 139288, February 28, 2000).

ACCORDINGLY, the petition is GRANTED. The questioned resolution is ANNULLED and SET ASIDE. The public respondent Court of Appeals is directed to give due course to the petition for review filed by petitioner.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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