Pinakamasarap Corp. v. National Labor Relations Commission
REITERATIONFacts
The Antecedents: Pinakamasarap Corporation (petitioner) filed two complaints for unfair labor practice against Malayang Samahan ng Manggagawa sa Balanced Foods, Inc. and union officers/members. Only NLRC NCR Case No. 08-05251-93 is involved in the present case. Procedural History: The Labor Arbiter declared the strike illegal but dismissed the prayer for decertification and claims for damages. The NLRC modified the decision, directing reinstatement without backwages or separation pay if reinstatement was not feasible. Petitioner filed a Motion for Reconsideration, which was denied. Petitioner then filed a Petition for Certiorari with the Court of Appeals (CA), attaching photocopies of the assailed decisions and resolution, and omitting copies of material pleadings. The Petition: The CA dismissed the petition for certiorari for want of certified true copies of the assailed decisions and resolution, and for failure to append copies of material pleadings. Petitioner's Motion for Reconsideration was denied, with the CA reiterating that the attached copies were mere xerox copies and that the motion lacked a written explanation for service by registered mail. Petitioner filed the present Petition for Review on Certiorari, assailing the CA's dismissal.
Issue(s)
Whether the Court of Appeals erred in dismissing the petition for certiorari for attaching mere photocopies of the assailed decisions and resolution instead of certified true copies. Whether the Court of Appeals erred in dismissing the petition for certiorari for failure to append copies of material pleadings. Whether liberality should be applied to cure the procedural defects.
Ruling
The petition is devoid of merit. The Supreme Court denied the petition and affirmed the dismissal by the Court of Appeals.
Ratio Decidendi
On the issue of attaching photocopies instead of certified true copies: The Court reiterated that a petition for certiorari must attach a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject of the petition. This requirement ensures that the copy reviewed is a faithful reproduction of the original, providing a definitive basis for the reviewing court to determine grave abuse of discretion. The Court clarified that "duplicate original" and "certified true copy" require authentication and original print signatures or official seals, not mere photoprints of certifications and signatures. Petitioner's Annexes "A", "B", and "C" were found to be mere xerox copies of certified true copies, not the authenticated original copies required by law and jurisprudence. The Court distinguished these from certified true copies of CA documents, which are authenticated original copies of certified true copies, where the certification and signature are in original print. On the issue of failing to append copies of material pleadings: The Court affirmed that a petition for certiorari should also append photocopies of material portions of the record as referred to in the assailed judgment or final order, and other relevant documents, unless a summary thereof is already contained in an attached certified true copy. Petitioner's argument that summaries in the attached documents sufficed was rejected, as the primary requirement of attaching the actual pleadings was not met. On the application of liberality: The Court held that liberality is not a mantra to disregard all infirmities. It must be coupled with a showing of substantial or subsequent compliance or that it will serve the higher interest of justice. Petitioner did not demonstrate any earnest effort to comply, instead obstinately clinging to its mistaken notion that its attachments were sufficient. Even in the present petition, the attached copies remained xerox copies of certified true copies, providing no basis to suspend the enforcement of technical requirements.
Main Doctrine
The use of mere photocopies of certified true copies of judgments or orders, and the failure to append copies of material pleadings, renders a petition for certiorari deficient and subject to dismissal. Mere invocations of liberality, without substantial or subsequent compliance, will not suffice to correct such deficiencies.