Case Summary (G.R. No. 191906)

Petition for Review on Certiorari

• The petition seeks to set aside the Court of Appeals' November 5, 2009 Resolution and its March 24, 2010 Resolution denying the Motion for Reconsideration.
• The case involves a labor dispute where the National Labor Relations Commission (NLRC) rendered a decision in favor of respondent Edgardo Gumaru, Jr., ordering petitioner Joselito Ma. P. Jacinto and F. Jacinto Group, Inc. to pay various monetary claims, including separation pay and damages.

Factual Antecedents

• On December 6, 2004, the NLRC issued a decision in favor of Gumaru, detailing the amounts owed to him by Jacinto and F. Jacinto Group, Inc.
• The decision became final and executory after Jacinto's appeal was not perfected due to the failure to post the required bond.
• A Writ of Execution was issued, leading to the levy of Jacinto's property for auction to satisfy the judgment.

Labor Arbiter's Order and NLRC's Resolutions

• Jacinto filed a motion to lift the levy on execution, which was denied by the Labor Arbiter, citing the expiration of the writ of execution.
• Jacinto appealed this decision to the NLRC, which later set aside the Labor Arbiter's order and directed further execution proceedings.
• The NLRC's resolutions were subsequently appealed by Jacinto to the Court of Appeals.

Court of Appeals' Dismissal of the Petition

• The Court of Appeals dismissed Jacinto's petition due to a procedural defect: the verification and certification against forum shopping were signed by his counsel instead of Jacinto himself.
• The CA emphasized that the certification must be executed by the petitioner, as per the Supreme Court's Circular No. 28-91.

Motion for Reconsideration and Subsequent CA Resolution

• Jacinto filed a Motion for Reconsideration, arguing that the verification signed by his counsel constituted substantial compliance with the rules.
• The CA denied the motion, reiterating that a writ of certiorari is a prerogative writ and must be applied for in strict accordance with the law.

Issues Raised by the Petitioner

• Jacinto contended that the CA should not have dismissed the petition, asserting that he had authorized his counsel to sign the necessary documents due to his inability to do so personally.
• He argued that the absence of a prior valid service of the NLRC's resolution meant that the December 6, 2004 decision had not attained finality, which warranted the relaxation of technical rules.

Petitioner's Arguments

• Jacinto maintained that he executed a special power of attorney allowing his counsel to sign the verification and certification, which should be recognized as valid.
• He claimed that the NLRC had committed grave abuse of discretion by remanding the case for execution when the original decision had not attained finality.

Respondent's Arguments

• Respondent Gumaru contended that the dismissal of Jacinto's certiorari petition rendered it non-existent and could not be corrected by a Petition for Review.
• He emphasized that the verification and certification were improperly signed, violating procedural r...continue reading