Case Summary (G.R. No. 191906)
Applicable Law
This case is governed by the provisions of the 1987 Philippine Constitution, the Labor Code, and the 1997 Rules of Civil Procedure, particularly concerning the requirements for verification and certification against forum shopping.
Factual Antecedents
On December 6, 2004, the National Labor Relations Commission (NLRC) issued a decision favoring Edgardo Gumaru, Jr. against Joselito Ma. P. Jacinto and the F. Jacinto Group, Inc. for various labor claims, including separation pay and damages. The NLRC affirmed its ruling when the appeal by the petitioner was dismissed due to a failure to post a cash bond. This led to the decision becoming final and executory. Subsequent attempts by the petitioner to contest the execution of the judgment were unsuccessful, which resulted in the levy of property for auction to satisfy the judgment.
Petitioner’s Attempts to Suspend Execution
The petitioner filed a motion to lift the levy on execution, asserting procedural errors regarding the validity of the execution process, claiming that the writ of execution had lapsed due to expiration. Nevertheless, the Labor Arbiter denied this motion, leading the case back to the NLRC, which later overturned the Labor Arbiter’s decision. The NLRC's actions involved remanding the case for proper execution, which the petitioner attempted to challenge one last time.
Assailed Resolutions of the Court of Appeals
Frustrated by the NLRC's resolutions, the petitioner filed a petition for certiorari at the Court of Appeals, where he faced procedural hurdles due to the verification requirement being signed by his counsel rather than himself. The Court of Appeals dismissed the petition, holding that the failure to adhere to the requirement of personal certification was sufficient grounds for denial.
Legal Arguments Submitted by the Petitioner
The petitioner argued that his counsel was authorized to sign the certification and that he was unable to execute the verification personally due to being abroad. He posited that the verification requirement is not strictly jurisdictional, and given the circumstances, substantial compliance had occurred. Furthermore, he contended that the dismissal by the Court of Appeals undermined his right to pursue remedies against the NLRC's alleged procedural errors.
Respondent’s Defense
The respondent countered that the petitioner's failure to comply with verification requirements rendered the petition invalid. The respondent also emphasized that, irrespective
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Case Overview
- The case involves a petition for review on certiorari filed by Joselito Ma. P. Jacinto, the former president of F. Jacinto Group, Inc., against Edgardo Gumaru, Jr. and the National Labor Relations Commission (NLRC).
- The petition seeks to overturn the Court of Appeals (CA) resolutions dated November 5, 2009, and March 24, 2010.
Factual Antecedents
- On December 6, 2004, a decision was rendered in favor of Edgardo Gumaru, Jr. against Joselito Jacinto and F. Jacinto Group, Inc. in NLRC-NCR Case No. 00-06-07542-03.
- The decision ordered Jacinto and his company to pay Gumaru various monetary claims, including separation pay, unpaid wages, and damages, totaling P1,733,014.00, along with attorney's fees.
- The NLRC found that Jacinto's appeal was not perfected due to the failure to post the requisite cash or surety bond, rendering the December 6, 2004 decision final and executory.
- A writ of execution was issued on February 6, 2006, leading to the levy of Jacinto's real property in Baguio City for auction.
Procedural History
- Jacinto filed an Extremely Urgent Motion to Lift and Annul Levy on Execution, which was denied by the Labor Arbiter on June 26, 2008.
- The NLRC later set aside the Labor Arbiter's order, granting the motion and remanding the case for further execution proceedings.
- Jacinto's subsequent motions for reconsideration were denied by the NLRC.
- He then filed a petition for certiorari with the CA, which was dismi