Case Digest (G.R. No. 191906)
Facts:
- The case "Jacinto v. Gumaru, Jr." (G.R. No. 191906) involves petitioner Joselito Ma. P. Jacinto, formerly the President of F. Jacinto Group, Inc., and respondent Edgardo Gumaru, Jr.
- On December 6, 2004, the National Labor Relations Commission (NLRC) ruled in favor of Gumaru in NLRC-NCR Case No. 00-06-07542-03.
- The decision required Jacinto and F. Jacinto Group, Inc. to jointly and severally pay Gumaru separation pay, unpaid wages, allowances, leave credits, 13th-month pay, moral and exemplary damages, attorney's fees, and legal interest.
- Jacinto and the company appealed, but the appeal was not perfected due to the failure to post the proper bond, making the decision final and executory on November 23, 2005.
- A writ of execution was issued, and real property in Baguio City was levied upon and scheduled for auction.
- Jacinto's urgent motion to lift the levy was denied by the Labor Arbiter, but the NLRC later set aside this order and remanded the case for further execution proceedings.
- Jacinto's appeal to the Court of Appeals (CA) was dismissed due to a defective verification and certification against forum shopping, which was signed by his counsel instead of himself.
- The CA denied his motion for reconsideration, leading to this petition for review on certiorari before the Supreme Court.
Issue:
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Ruling:
- The Supreme Court held that the Court of Appeals should not have dismissed the petition solely based on the procedural defect regarding the verification and certification against forum shopping.
- Despite the procedural defect, the Supreme Court found that the petition had become moot and academic due to the full satisfaction of the judgment award....(Unlock)
Ratio:
- The Supreme Court acknowledged that under reasonable or justifiable circumstances, a party-pleader may authorize their counsel to sign the verification and certification against forum shopping.
- In this case, Jacinto...continue reading
Case Digest (G.R. No. 191906)
Facts:
The case "Jacinto v. Gumaru, Jr." (G.R. No. 191906) involves petitioner Joselito Ma. P. Jacinto, formerly the President of F. Jacinto Group, Inc., and respondent Edgardo Gumaru, Jr. On December 6, 2004, the National Labor Relations Commission (NLRC) rendered a decision in favor of Gumaru in NLRC-NCR Case No. 00-06-07542-03. The decision mandated Jacinto and F. Jacinto Group, Inc. to jointly and severally pay Gumaru separation pay, unpaid wages, allowances, leave credits, 13th-month pay, moral and exemplary damages, attorney's fees, and legal interest. Jacinto and the company appealed, but the appeal was not perfected due to the failure to post the proper bond, leading to the decision becoming final and executory on November 23, 2005. A writ of execution was issued, and real property in Baguio City was levied upon and scheduled for auction. Jacinto's urgent motion to lift the levy was denied by the Labor Arbiter, but the NLRC later set aside this order and remanded the case for further execution proceedings. Jacinto's subsequent appeal to the Court of Appeals (CA) was dismissed due to a defective verification and certification against forum shopping, which was signed by his counsel instead of himself. The CA denied his motion for reconside...