AQUILIO C. TINGTING, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION (NLRC) – SEVENTH DIVISION, DCD CONSTRUCTION, INC. AND DANILO D. DIRA, JR., RESPONDENTS.

In this Court’s Resolution^[1] dated June 6, 2014, petitioner was directed to rectify the infirmities observed in his petition and accordingly, private respondents were directed to file their Comment on the petition and to pay the required mediation fee within ten (10) days from notice and for petitioners to file a Reply, if desired, within five (5) days from receipt of Comment. In the said Resolution, petitioner’s Ex-parte Motion to Declare [as] Pauper Litigant was granted.

Meanwhile, on June 25, 2014, private respondents DCD Construction, Inc. and Danilo D. Dira, Jr., through counsel, filed their Comment^[2] (On Petitioners’ Petition for Certiorari dated 31 March 2014).

However, despite petitioner’s receipt of Our earlier Resolution on June 17, 2014,^[3] no compliance has been filed by petitioner as per JRD – Special Cases Section Verification Report dated October 29, 2014.^[4]

IN VIEW OF THE FOREGOING, We NOTE the private respondents’ Comment (On Petitioners’ Petition for Certiorari dated 31 March 2014) and the JRD – Special Cases Section Verification Report stating that no compliance has been filed by petitioner.

And pursuant to Section 3, Rule 42^[5] and Section 1(h), Rule 506 of the Rules of Court, the instant Petition is hereby DISMISSED and deemed withdrawn from the dockets of this Court.

SO ORDERED.

Hernando, J., Chairperson and Azcarraga-Jacob, JJ., concur.

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^[1] Rollo, pages 95-97.

^[2] Rollo, pages 103-148.

^[3] See Registry Return Receipt, rollo, at back of page 94.

^[4] Rollo, at back of page 148.

^[5] Section 3, Rule 42 of the 1997 Rules of Civil Procedure reads as follows:

Effect of failure to comply with requirements. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof..

^[6]Sec. 1. Grounds for dismissal of appeal. — An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds:

xxx xxx xxx

(h) Failure of the appellant xxx or to comply with orders, circulars, or directives of the court without justifiable cause.