EDGARDO V. GANGOZO, DINA LIZA T. CERERA AND MICHAEL J. FAJARDO, PETITIONERS, VS. NATIONAL LABOR RELATIONS COMMISSION AND MAKATI (SPORTS) CLUB, INC., RESPONDENTS.
BRUSELAS, JR. J.:
First, the verification[1] is defective as it does not include the assurance that the allegations in the petition are true and correct of petitioner’s personal knowledge or based on authentic records, pursuant to Section 4, Rule 7[2] of the 1997 Rules of Civil Procedure, as amended by A.M. No. 0-02-10-SC[3].
Second, while the title of the petition includes Edgardo V. Gangozo as party-petitioner, he was not so named in the body as one of the parties. Also, Edgardo V. Gangozo did not affix his signature either on the petition or on the Verification and Certification against Forum Shopping.
It is true that a litigation is not a game of technicalities, and that the rules of procedure should not be strictly enforced at the cost of substantial justice. It does not mean, however, that the Rules of Court may be ignored at will and at random, to the prejudice of the orderly presentation and assessment of the issues and their just resolution. It must be emphasized that procedural rules should not be belittled or dismissed simply because their non-observance may have resulted in prejudice to a party’s substantial rights. Like all rules, they are required to be followed except only for the most persuasive of reasons.[4]
The petitioners should bear in mind that the right to appeal is not a natural right. The right to appeal is a statutory privilege, and it may be exercised only in the manner and in accordance with the provisions of the law.[5] Therefore, a party seeking relief must strictly comply with the rules of procedure or otherwise face the risk of an outright dismissal of the case.
WHEREFORE, the petition is DISMISSED.
IT IS SO ORDERED.
Bueser, and *Paredes, JJ., concur.
* Acting Junior Member per Office Order No. 55-15-ABR dated 23 February 2015
[1] Rollo, p. 22
[2] RULE 7
SEC. 4. Verification.– Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit.
A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records.
A pleading required to be verified which contains a verification based on “information and belief,” or upon “knowledge, information and belief,” or lacks a proper verification, shall be treated as an unsigned pleading.
[3] May 1, 2000
[4] Pyro Copper Mining Corp. vs. MAB-DENR, et. al., G.R. No. 179674, July 28, 2009, 594 SCRA 193 citing Teoville Homeowners Asso., Inc. v. Ferreira, G.R. No. 140086, 8 June 2005, 459 SCRA 459, 471.
[5] Spouses Ortiz v. Court of Appeals, 360 Phil. 95 (1998).