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G.R. No. 144158. December 2, 2003

NAPOCOR EMPLOYEES CONSOLIDATED UNION [NECU], et al vs. NPC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 2 DECEMBER 2002

G.R. No. 144158 ( Napocor Employees Consolidated Union [NECU], et al vs. National Power Corporation, et al.)

The Motion to Admit Additional Petitioners is DENIED for reasons contained in the Comment of the Public Respondents through the Solicitor General thus:

1.�������� Failure of the Movants to allege that they possess the juridical personality to file aforesaid Motion, pursuant to Section 1, Rule 3 of the 1997 Rules of Civil Procedure;

2.�������� Failure of the Movants to verify the aforesaid Motion;

3.�������� Failure of Mr. Renato M. Reyes, Jr. and Ms. Emerciana de Jesus who claim to be duly designated as representatives of BAYAN and GABRIELA to adduce proof that they have been authorized by their respective organization to file the aforesaid Motion;

4.�������� Movants have no interest in the subject matter and therefore are not the real parties in interest, pursuant to the case of Salonga vs. Warner, Barnes & Co., Ltd., (88 Phil. 125 [1951]);

5.�������� The Motion to Admit Supplemental Petition and Supplemental Petition assailing the constitutionality of Republic Act No. 9136 were not granted and admitted by this Court but were merely NOTED, hence, the Movants do not have any basis for their inclusion as parties in this -case. (at pp. 465-468, Rollo)

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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