be blamed for the failure of Varorient to make a disability assessment despite the
fact that he had already completed 10 physical therapy sessions.10
After its motion for reconsideration was denied by the NLRC, Varorient filed with
the Court of Appeals a Petition for Certiorari and Injunction[11] under Rule 65 of
the Rules of Court.
On 18 June 2004, Varorient received a copy of the first assailed Resolution
dated 25 May 2004 dismissing its petition. The Court of Appeals held:
There are three (3) petitioners in this petition for certiorari[:] Varorient
Shipping Co., Inc., Margarita Colarina and Lagoa Shipping Corporation.
However, the verification and certification of non-forum shopping certification
[were] signed by a certain Ma. Luisa C. Isuga, Managing Director and Corporate
Secretary of Petitioner Varorient Shipping Co., Inc., without showing any
authority to act for and in behalf of any of the petitioners. Absent such authority,
the petition is fatally flawed.
ACCORDINGLY, this petition is ordered DISMISSED.
SO ORDERED.[12]
On 4 July 2004, Varorient filed a Motion for Reconsideration [13] with the
Court of Appeals. Attached to the motion is the Secretarys Certificate[14] dated 7
May 2004, evincing the authority of Ma. Luisa C. Isuga, Varorients managing
director and corporate secretary, to represent Varorient in the certiorari
proceedings before the Court of Appeals, and to sign for and in behalf of Varorient
all pertinent documents, papers, pleadings, motions, petitions, and other related
incidents, in connection with the case against it, its President, Margarita Colarina,
and its foreign principal, Lagoa Shipping Corporation filed by Perez.[15]
On 24 August 2004, Varorient received a copy of the second assailed
Resolution[16] dated 9 August 2004, denying its motion for reconsideration. The
Court of Appeals ruled: