5/28/2020
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Certificate is no longer considered competent evidence of an
affiant’s identity; and
(2) Except for the copy of the Motion for Reconsideration filed with
the National Labor Relations Commission, no other copies of
pertinent and relevant pleadings/documents are attached
therewith, such as petitioner’s Complaint, respondent’s
Memorandum of Appeal, petitioner’s Opposition to Respondent’s
Appeal, if any, all of which may aid this Court in judiciously
resolving the issues raised in the petition.
ACCORDINGLY, this Court, in line with the rule that cases should be
determined on the merits, after full opportunity to all parties for ventilation
of their causes and defenses have been given, rather than on technicality or
some procedural imperfections, resolved to DIRECT petitioner to submit
anew a Verification/Certification of Non-Forum Shopping which complies
with the requirements of the rules, and clear and legible copies of the
aforementioned pleadings/documents, within ten (10) days from receipt of
notice hereof.
SO ORDERED.[13] (Emphasis in the original)
Petitioners filed a Motion for Reconsideration with Prayer to Dismiss,[14] strongly
opposing private respondent’s Motion for Extension to File Petition for Certiorari for
being an absolutely prohibited pleading. Citing Laguna Metts Corporation v. Court of
Appeals,[15] petitioners argued that A.M. No. 07-7-12-SC[16] effectively rendered the
60-day period for filing a petition for certiorari non-extendible after it deleted portions
of Rule 65 pertaining to extension of time to file petition. Thus, as the rule now stands,
petitions for certiorari must be filed strictly within 60 days from notice of judgment or
from the order denying a motion for reconsideration.[17]
Petitioners also contended that even assuming that an extension is still allowable,
private respondent’s motion for extension is nevertheless a useless piece of paper as it
was filed beyond the 60-day period for filing a petition for certiorari.
Lastly, petitioners asserted that as private respondent’s motion for extension is a
prohibited pleading, as well as one filed outside of the reglementary period, then
private respondent’s Petition for Certiorari is a mere scrap of paper with no remedial
value whatsoever. Consequently, the Decision of the NLRC has become final and
executory and is beyond the ambit of judicial review.
In the meantime, private respondent submitted her Compliance[18] with the CA’s
Resolution of November 20, 2009. Nevertheless, she still failed to attach thereto copies
of her Complaint filed before the LA and Memorandum filed with the NLRC.
In a Resolution[19] dated February 10, 2010, the CA denied petitioners’ motion and,
instead, gave private respondent one last opportunity to fully comply with its November
20, 2009 Resolution by submitting clear and legible copies of the still lacking pleadings
within five days from notice thereof.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56563
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