DIGITEL EMPLOYEES UNION (DEU), PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION AND DIGITAL TELECOMS PHILIPPINES, INC. (DIGITEL), RESPONDENTS.
GALAPATE-LAGUILLES, J:
On January 7, 2015, the Case Management Information System (CMIS) reported that as of even date, no Compliance has been filed by petitioner.[2]
Rule 46, Section 3 of the Rules of Court partly states:
Section 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 the 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.
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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.
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The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. (emphasis Ours)
In view of the said CMIS report, the instant petition is considered ABANDONED hence dismissed.
SO ORDERED.
Librea-Leagogo, C.C., Chairperson and Lazaro-Javier, A.C., J.J., concur.
[1] Rollo, p. 567
[2] Rollo, p. 568