[3]
Id., p. 104. Written by Justice Renato C. Dacudao, member of the former Special Tenth Division;
concurred in by Justices Rodrigo V. Cosico and Eloy R. Bello Jr., members.
[4]
NLRC Decision, p. 17; rollo, Vol. I, p. 78. Written by Commissioner Tito F. Genilo and concurred in by
Presiding Commissioner Lourdes C. Javier and Commissioner Ireneo B. Bernardo.
[5]
Id., pp. 3-6 and 65-68.
[6]
Rollo, vol. I, pp. 53-61.
[7]
Id., pp. 27-35.
[8]
Assailed CA Resolution, p. 1; rollo, Vol. I, p. 88.
[9]
This case was deemed submitted for decision on July 2, 2002, upon the Courts receipt of private
respondents Reply to petitioners Memorandum, and signed by Atty. Danilo G. Macalino of D.G.
Macalino & Associates. Public respondents Memorandum, filed on April 16, 2001, was signed by
Assistant Solicitor General Carlos N. Ortega, Assistant Solicitor General Roman G. del Rosario
and Associate Solicitor Beatrice A. Caunan-Medina of the Office of the Solicitor
General. Petitioners Memorandum, filed on March 14, 2001, was signed by Atty. Victor B. Roque.
[10]
Petitioners Memorandum, p. 4; rollo, Vol. II, p. 79. Original in upper case.
[11]
SEC. 3. Contents and filing of petition, effect of non-compliance with requirements. - The petition shall
contain the full names and actual addresses of all the petitioners and respondents, a concise
statement of the matters involved, the factual background of the case, and the grounds relied
upon for the relief prayed for.
In actions filed under Rule 65, the petition shall further indicate the material dates showing when notice of
judgment or final order or resolution subject thereof was received, when a motion for new trial or
reconsideration, if any, was filed and when notice of the denial thereof was received.
It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent
with the original copy intended for the court indicated as such by the petitioner, and shall be
accompanied by a clearly legible duplicate original or certified true copy of the judgment, order,
resolution, or ruling subject thereof, such material portions of the record as are referred to therein,
and other documents relevant or pertinent thereto. The certification shall be accomplished by the
proper clerk of court or by his duly authorized representative, or by the proper officer of the court,
tribunal, agency or office involved or by his duly authorized representative. The other requisite
number of copies of the petition shall be accompanied by clearly legible plain copies of all
documents attached to the original.
The petitioner shall also submit together with the petition a sworn certification that he has not theretofore
commenced any other action involving the same issues in the Supreme Court, the Court of
Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action
or proceeding, he must state the status of the same; and if he should thereafter learn that a
similar action or proceeding has been filed or is pending before the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly
inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.
The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit
the amount of P500.00 for costs at the time of the filing of the petition.
The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for
the dismissal of the petition.
[12]
1 and 2, Rule 65 of the Rules of Court.
[13]
Cadayona v. Court of Appeals, 324 SCRA 619, February 3, 2000, citing the following cases: Martinet v.
Magallanes, GR No. 133766, January 13, 1999; Borja v. Judge Hontanosas Jr., GR No. 134748,
January 13, 1999; Regalado et al. v. NLRC, GR No. 134671, January 13, 1999; G and M [Phils.],