certification of non-forum shopping as required under Sec. 5, Rule 7 of the Rules
of Court in relation to Sec. 3, rule 1 of the NLRC Rules of Procedure.42[42]
The foregoing issues can be summarized into three: first, on procedural
grounds, whether the Complaint filed before the Labor Arbiter ought to be
dismissed for lack of certification against forum shopping as required by the Rules
and whether the verification by counsel is sufficient for Bastol’s Position Paper
and Manifestation/Compliance; second, whether the July 30, 1999 NLRC Decision
constitutes res judicata and serves as the “law of the case”; and third, whether the
belated submissions are allowed by the Rules, and the Affidavit of Dr. Vicaldo
sufficient.
In the meantime, pending resolution of the instant case, Romy B. Bastol died
on December 13, 2009 from his undisputed ailment of acute myocardial
infarction.43[43]
The Court’s Ruling
We deny the appeal for lack of merit.
Procedural Issues
42[42] Id. at 361-363, Petitioner’s Memorandum dated February 8, 2010.
43[43] Id. at 373, Certificate of Death of Romy B. Bastol.
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