President Raeses and submit such ratification to this Honorable Supreme Court.
[20]
The law allows a corporation to ratify the unauthorized acts of its
corporate officer.[21] With the ratification by petitioner NYK-Fil of Raeses
accomplishing of the verification and certification of non-forum shopping
which accompanied petitioners petition for certiorari before the Court of
Appeals, said petitioner had substantially complied with the requirements of the
law. Any defect in the signing of the verification and certification of non-forum
shopping is thus deemed cured. If this Court had, in some instances, allowed the
belated filing of the certification against forum shopping, or even excused the
non-compliance therewith, this Court a fortiori should allow the timely
submission of such requirements, albeit the proof of the authority of the
signatory was put forward only after.[22]
While the normal course of action would be to remand the case to the
appellate court for decision on the merits, it is well within the conscientious
exercise of this Courts broad review powers to choose to render judgment on
the merits, all material facts having been duly laid before it as would buttress its
ultimate conclusion, in the public interest and for the expeditious administration
of justice.
Petitioners insist that they received notice of the Labor Arbiters decision
on July 13, 2005 and not on July 12, 2005 as indicated by their counsels
employee Cantalopez in the Registry Return Card. It is a generally accepted rule
that when service is made by registered mail, the service is deemed complete
and effective upon actual receipt by the addressee as shown by the Registry
Return Card.[23] Between the Registry Return Card on one hand, and the
Certification issued by Ms. Emily A. Gianan, Chief, Administrative Unit of the
Makati Central Post Office that copy of the Labor Arbiters decision was served
on petitioners counsel on July 13, 2005 and the entry of petitioners counsels
office logbook stating that copy of the decision was received on July 13, 2005,
on the other, the Registry Return Card commands more weight.[24] The Registry
Return Card is considered as the official record of the NLRC. It is presumed to
be accurate, unless proven otherwise, unlike a written record or note of a party
which is often self-serving and easily fabricated.[25]