Philippine Airlines v. Flight Attendants
REITERATIONFacts
1. The Antecedents: Respondents Flight Attendants and Stewards Association of the Philippines (FASAP) and Leonardo Bhagwani filed a complaint against petitioners Philippine Airlines, Inc. (PAL) and its officers for unfair labor practice, illegal suspension, and illegal dismissal. The Labor Arbiter found PAL guilty of unfair labor practice and illegal dismissal, ordering damages. The National Labor Relations Commission (NLRC) modified this decision by setting aside the unfair labor practice finding but affirming the rest. 2. Procedural History: Petitioners appealed the NLRC decision to the Court of Appeals via a petition for certiorari. The Court of Appeals dismissed this appeal due to a defective Certification of Non-Forum Shopping, specifically the lack of proof of authority for the signatories to execute the certification on behalf of PAL. A subsequent motion for reconsideration, which attached a Secretary's Certificate showing the signatories' authority, was also denied. 3. The Petition: Petitioners seek review of the Court of Appeals' dismissal via a petition for certiorari under Rule 45 of the Rules of Court. They argue that the belated submission of the Secretary's Certificate constituted substantial compliance and that their co-petitioners were merely nominal parties, thus not requiring their signatures on the certification. The core issue is the validity of the Certification of Non-Forum Shopping at the time of filing.
Issue(s)
Whether the Court of Appeals erred in dismissing the petition for certiorari for failure to submit a valid certification of non-forum shopping with proof of authority. Whether the belated submission of a Secretary's Certificate constituted substantial compliance with the requirement of proof of authority to sign the certification of non-forum shopping, considering the authority was granted after the petition was filed.
Ruling
The petition is without merit. The Court of Appeals did not err in dismissing the petition for certiorari. The belated submission of the Secretary's Certificate did not constitute substantial compliance as the authority granted therein was dated after the petition was filed.
Ratio Decidendi
On the issue of the validity of the certification of non-forum shopping and proof of authority: The necessity for a certification of non-forum shopping in filing petitions for certiorari is found in Rule 65, Section 1, in relation to Rule 46, Section 3 of the Rules of Court, which require it to be executed by the corresponding petitioner or petitioners. When the petitioner is a corporation, the certification should be executed by a natural person duly authorized by a valid board resolution, and proof of such authority must be attached. Failure to provide a valid certification or to submit proof of the signatory's authority is sufficient ground to dismiss the petition. The required certification of non-forum shopping must be valid at the time of filing of the petition, and an invalid certificate cannot be remedied by the subsequent submission of a Secretary's Certificate that vests authority only after the petition had been filed. The Court has previously allowed reinstatement of petitions dismissed due to lack of proof of authority upon subsequent submission, considering it as substantial compliance when the signatories were, in fact, authorized at the time of execution, though proof was lacking. However, in this case, the Secretary's Certificate submitted during the motion for reconsideration indicated that the authority to cause the filing of the petition was granted on February 15, 2000. The petition was filed on January 24, 2000, and dismissed by the CA on January 31, 2000. This clearly shows that at the time the certification was signed, the affiants were not duly authorized by the Board of Directors of PAL. Consequently, their signing and attestations were not in representation of PAL, effectively meaning the petition was filed without a valid certification.
Main Doctrine
A certification of non-forum shopping must be valid at the time of the filing of the petition. An invalid certificate cannot be remedied by the subsequent submission of a Secretary's Certificate that vests authority only after the petition had been filed.