GATA DAKU MULTI-PURPOSE COOPERATIVE, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION, 8TH DIVISION, NOEL H. PANDERO, IRIS R. MARTIZANO, RAEGIL KEN A. TAMPARONG, ELMA D. BAG-…

Decisions / Signed Resolutions TWENTY-FIRST DIVISION FRANCISCO, J.:
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FRANCISCO, J.:


Before Us is a Petition for Certiorari and Injunction with Prayer for Writ of Prohibitory Injunction and Temporary Restraining Order under Rule 65 of the Rules of Court mainly intended to nullify and/or declare NULL and VOID the following:

a) The Decision[1] promulgated by the National Labor Relations Commission (NLRC Eight Division, dated 31 October 2013 in NLRC Case No. MAC-04-013016-2013 entitled “ Noel H. Pandero, et al., vs. Gata Daku Multi-Purpose Cooperative, Inc.”   

b) The Resolution[2] promulgated by respondent National Labor Relations Commission (NLRC Eight Division, dated 26 December 2013 in the same case above-cited.

A perusal however of the petition reveals the following infirmities:   

  1. There is no Written Explanation why the petition was filed and served by mail in violation of Sec. 11, Rule 13, Revised Rules of Civil Procedure;   

    2.    

  2. There is incomplete allegations of material dates since the date of receipt of assailed Resolution dated October 31, 2013 and the date of filing of MR were not indicated in violation of Sec. 3 (2nd par.), Rule 46, supra;   

    3.    

  3. Pertinent documents such as the Motion for Reconsideration filed before the NLRC, the Complaint filed before the Labor Arbiter and the Decision rendered therein which are material portions of the record referred to in the Petition were not appended thereto in violation of Sec. 3 (3rd par.), Rule 46, supra.

Section 3 (6), Rule 46 of the Rules, supra, provides that “failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal thereof.”

WHEREFORE, premises considered, the instant petition is hereby DISMISSED.

The excess payment in the docket fees in the amount of P20.00 is hereby ORDERED returned to the petitioner.

SO ORDERED.

Borja, J., Chairperson and Badeles, JJ., concur.

 

[1] Rollo, p. 21.

[2] Rollo, p. 28.

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