THIRD DIVISION
G.R. No. 230696, August 30, 2017
WILLIAM R. WENCESLAO, VIVENCIO B. RODRIGO, JR., NOEL N. DAMIASAN, VIRGILIO B. CRISTOBAL, JEMYLITO M. APIAG, JOVENAL P. ATAG, ARNULFO S. DASCO, CARLITO E. INFANTE, ALFREDO T. VISAYA, JAMES M. REAL, RENATO A. GUINGUE, ZACARIAS G. TALABOC, JR., GEORGE N. TAGUIAM, RANDY D. ABRENCILLO, MELECIO B. QUINIMON, CESAR B. JARANILLA, RIZALDE R. BARILE, HERICO A. BUENAVENTE, JERSON A. TATOY, MICHAEL L. CASIANO, FELIX M. DINIAY, PEDRO DELA CRUZ, JR., JHOSEL BOY G. ABAYON, AUGUSTO L. OCENAR, MARIO M. FUNELAS, AND AVELINO T. QUIÑONES, Petitioners, v. MAKATI DEVELOPMENT CORPORATION, DANTE ABANDO AND COURT OF APPEALS, Respondents.
D E C I S I O N
MARTIRES, J.:
For failure to attach the certified true copies of the assailed National Labor Relations Commission (NLRC) Decisions and Resolutions as well as the other portions of the case records, the Court of Appeals (CA) dismissed the Petition for Certiorari in CA-G.R. SP No. 147009 entitled William R. Wenceslao v. Makati Development Corporation in the Resolutions dated 26 January 20161 and 23 August 2017.2 Hence, the petitioners brought before the Court this Petition for Review on Certiorari assailing the CA resolutions.
WHEREFORE, premises considered, the complaint for illegal dismissal is DISMISSED for lack of merit. Respondent Makati Development Corporation, however, is directed to pay the aggregate sum of ONE HUNDRED EIGHTEEN THOUSAND THREE HUNDRED FOURTEEN & 78/100 PESOS (P118,314.78) representing complainants' prorated 13th month pay for 2015, as follows:On appeal, the National Labor Relations Commission (NLRC) Fourth Division affirmed10in toto the decision11 of the Labor Arbiter. The dispositive portion of the NLRC Decision dated 31 May 2016, states:All other claims, including those of complainants Virgilio B. Cristobal, Noel N. Damiasan, James M. Real, Vivencio B. Rodrigo and Alfredo T. Visaya, are hereby denied for lack of merit. The computation hereto attached is made an integral part hereof.9
WILLIAM R. WENCESLAO - Php 5,725.72JEMYLITO M. APIAG - 5,484.52JOVENAL P. ATAG - 5,484.52ARNULFO S. DASCO - 5,690.23CARLITO E. INFANTE - 5,563.84RENATO A. GUINUE - 5,725.72ZACARIAS G. TALABOC, JR. - 5,484.52GEORGE N. TAGUIAM - 5,484.52RANDY D. ABRENCILLO - 5,484.52MELECIO B. QUINIMON - 5,243.33CESAR B. JARANILLA - 5,484.52RIZALDE R. BARILE - 5,484.52HERICO A. BUENAVENTE - 5,484.52JERSON A. TATOY - 5,484.52MICHAEL L. CASIANO - 5,830.58FELIX M. DINIA Y - 7,340.66PEDRO C. DELA CRUZ, JR. - 5,484.52JHOSEL BOY G. ABAYON - 5,484.52AUGUSTO L. OCENAR - 5,690.23MARIO M. FUNELAS - 5,484.52AVELINO T. QUINONES - 5,690.23
WHEREFORE, considering the foregoing, the appeal filed by the 21 complainants is DENIED for lack of merit.The petitioners sought reconsideration of the said decision but it was denied by the NLRC in its Resolution,13 dated 26 July 2016.
Accordingly, the decision rendered by Labor Arbiter Raymund M. Celino on 29th February 2016 is hereby AFFIRMED in toto.12
The CA cited the following defects in the petition:
(1) the petition is non-compliant with Section 3, Rule 46 of the Rules of Court; and (2) the petition, on its face, lacks merit for failing to illustrate public respondent's grave abuse of discretion amounting to lack or excess of jurisdiction in renderinthe assailed 31 May 2016 Decision and 26 July 2016 Resolution.14
The dispositive portion of the CA Resolution dated 23 August 2016, reads:
- the public respondent's assailed 31 May 2016 Decision and 26 July 2016 Resolution are mere photocopies of purported certified true copies thereof;
- the allegation as to material dates is incomplete;
- the Labor Arbiter's Decision, the Petitioner's Appeal Memorandum and Motion for Reconsideration which are all referred to in the petition are not attached thereto; and
- other relevant pleadings and/or documents necessary to aid the Court in ascertaining the facts of the case upon which the assailed 31 May 2016 Decision is based are not attached to the petition.15
WHEREFORE, premises considered, the instant Petition for Certiorari is hereby DISMISSED.16The petitioners moved for reconsideration17 but to no avail.18 On 24 February 2017, they received the assailed resolution denying their motion for reconsideration.19 After two motions for extension to file a petition for review on certiorari,20 the petitioners filed the instant petition on 10 April 2017.
WITH DUE RESPECT, THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN DISMISSING THE PETITIONER'S PETITION AND SUBSEQUENTLY, ITS MOTION FOR RECONSIDERATION DUE TO NON-SUBMISSION OF MATERIAL DOCUMENTS NEEDED TO ASCERTAIN THE FACTS OF THE CASE.23To buttress their claim, the petitioners cited Air Philippines Corporation v. Zamora24 in determining the necessity of attaching pleadings and portions of the records to the petition, to wit:
First, not all pleadings and parts of the case records are required to be attached to the petition. Only those which are relevant and pertinent must accompany it. The test of relevancy is whether the document in question will support the material allegations in the petition, whether said document will make out a prima facie case of grave abuse of discretion as to convince the court to give due course to the petition.The petitioners contend that the Appeal Memorandum and the Motion for Reconsideration (from the NLRC decision) attached to the petition already sufficed to enable the CA to resolve the petition even without the pleadings and other records.26
Second, even if a document is relevant and pertinent to the petition, it need not be appended if it is shown that the contents thereof can also [be] found in another document already attached to the petition. Thus, if the material allegations in a position paper are summarized in a questioned judgment, it will suffice that only a certified true copy of the judgment is attached.
Third, a petition lacking an essential pleading or part of the case record may still be given due course or reinstated (if earlier dismissed) upon showing that petitioner later submitted the documents required, or that it will serve the higher interests of justice that the case be decided on the merits.25
The proper remedy to obtain a reversal of judgment on the merits, final order or resolution is appeal. This holds true even if the error ascribed to the court rendering the judgment is its lack of jurisdiction over the subject matter, or the exercise of power in excess thereof, or grave abuse of discretion in the findings of fact or of law set out in the decision, order or resolution. The existence and availability of the right of appeal prohibits the resort to certiorari because one of the requirements for the latter remedy is that there should be no appeal.36 (emphasis supplied)Consistent with Malayang Manggagawa, and in the spirit of liberality of the application of the rules, we can treat the present petition as an appeal by certiorari under Rule 45 despite allegations of grave abuse of discretion being ascribed to the CA in issuing the assailed resolutions. The intention of the petitioners to file an appeal by certiorari instead of a special civil action for certiorari is, in any event, clearly manifested by the two motions for extension of time to file a petition for review on certiorari under Rule 45 of the Rules of Court.
Based on the foregoing rules, we rule that the CA was justified in initially dismissing the petition based on the petitioners' failure to attach to the petition the certified true copies of the assailed decision and resolution of the NLRC, as well as other portions of the records of the case. As noted by the CA, only photocopies, not the certified true copies, of the NLRC decision and resolution complained of were attached; neither were the pleadings and other papers filed before the labor arbiter and the NLRC appended. Absent such required documents, the CA correctly opined that it would have no basis to determine whether the NLRC gravely abused its discretion in finding the petitioners as project employees and that their termination was not illegaL On the necessity of attaching legible duplicate original or certified true copy of the judgment, order, resolution or ruling subject of the petition, we explained in Pinakamasarap Corporation v. NLRC39 that:RULE 46
Original Cases
Section 3. Contents and filing of petition; effect of noncompliance with requirements. - x x x
In actions filed under Rule 65, the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed, and when notice of the denial thereof was received.
x x x x
The failure of the petitioner to comply with any of the requirements shall be sufficient ground for the dismissal of the petition.RULE 65
Certiorari, Prohibition and Mandamus
Section 1. Petition for certiorari. - When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of Section 3, Rule 46. (emphasis supplied)
There is a sound reason behind this policy and it is to ensure that the copy of the judgment or order sought to be reviewed is a faithful reproduction of the original so that the reviewing court would have a definitive basis in its determination of whether the court, body or tribunal which rendered the assailed judgment or order committed grave abuse of discretion.40On motion for reconsideration, however, the petitioners rectified their error by attaching the certified true copies of the NLRC decision and resolution, as well as legible copies of the Appeal Memorandum and Motion for Reconsideration (from the NLRC decision). Yet, the CA still denied their motion.
The requirement of setting forth the three (3) dates in a petition for certiorari under Rule 65 is for the purpose of determining its timeliness. Such a petition is required to be filed not later than sixty (60) days from notice of the judgment, order or Resolution sought to be assailed. Therefore, that the petition for certiorari was filed forty-one (41) days from receipt of the denial of the motion for reconsideration is hardly relevant. The Court of Appeals was not in any position to determine when this period commenced to run and whether the motion for reconsideration itself was filed on time since the material dates were not stated.45 x x x (emphasis in the original)When they filed their motion for reconsideration of the dismissal of their CA petition, the petitioners could have easily supplied the missing dates, i.e., when they received the NLRC decision and when they filed their motion for reconsideration thereof. However, they failed to do so. As it is, the CA still could not determine the timeliness of the motion for reconsideration from the NLRC decision. Thus, the CA fittingly affirmed the dismissal of the petition for certiorari in the second assailed resolution for noncompliance with the rule on stating the material dates in a petition.
In the first place, the issue of whether or not petitioners are project or non-project employees, in contemplation of Section 2.1 of DOLE Order No. 19, Series of 1993, is not discussed in the petition. Petitioners readily conclude that they are "regular employees" without debunking public respondent's finding that they were hired on a per-project basis in view of MDC's compliance with the indicators of project employment under Section 2.2 of DOLE Order No. 19, Series of 1993.The petitioners' argument that the CA should have proceeded in the resolution of the case must fail.
Second, petitioner's entitlement to separation pay primarily hinges on their employment status. As earlier discussed, petitioners merely offered a self-serving conclusion that they are "regular employees" based on the factual allegation contained in the petition. Petitioners' allegation has no weight or persuasive effect upon this Court absent any evidence to support the same.
To be circumspect, it is worth pointing out that a project employee may nevertheless receive separation pay. Under Section 3.2 of DOLE Order No. 19, Series of 1993, project employee's entitlement to separation pay is qualified by certain conditions, to wit:3.2. Project employees not entitled to separation. - The project employees contemplated by paragraph 2.1. hereof are not by law entitled to separation pay if their services are terminated as a result of the completion of the project or any phase thereof in which they are employed. Likewise, project employees whose services are terminated because they have no more work to do or their services are no longer needed in the particular phase of the project are not by law entitled to separation pay.In the case at bench, the petitioners did not present any evidence, by way of contract of employment or other relevant proof which would establish the facts pertaining to their tenure. Without basis to rule on the same, this Court can only rely on the findings of public respondent adjudging them to be not entitled to separation pay.
3.3. Project employees entitled to separation pay. -
a) Project employees whose aggregate period of continuous employment in a construction company is at least one year shall be considered regular employees, in the absence of a "day certain" agreed upon by the parties for the termination of their relationship. Project employees who have become regular shall be entitled to separation pay.
x x x x
b) If the project or the phase of the project the employee is working on has not yet been completed and his services are terminated without just cause or unauthorized cause and there is no showing that his services are unsatisfactory, the project employee is entitled to reinstatement with backwages to his former position or substantially equivalent position. If the reinstatement is no longer possible, the employee is entitled to his salaries for the unexpired portion of the agreement.
It bears stressing that the factual findings of administrative or quasi-judicial bodies, which are deemed to have acquired expertise in matters within their respective jurisdictions, are generally accorded not only respect but even finality, and bind the Court when supported by substantial evidence.47 (emphasis supplied)
Endnotes:
1Rollo, Vol. I, pp. 26-31; penned by Associate Justice Canllelita Salandanan-Manahan, and concurred in by Associate Justices Japar B. Dimaampao and Franchito N. Diamante.
2 Id. at 32-37.
3 The material facts are taken from the NLRC Decision, dated 31 May 2016.
4Rollo, Vol. I, p. 58.
5 Id.
6 Id. at 61-62.
7 Id. at 64-65.
8 Id. at 65.
9 Id. at 133-134.
10 Id. at 100-115.
11 Id. at 116-134.
12 Id. at 114.
13 Id. at 92-99.
14 Id. at 37.
15 Id. at 33.
16 Id. at 37.
17Rollo, Vol. II, pp. 878-885; The Motion for Reconsideration with Motion to Admit Attachment was filed on 15 September 2016.
18Rollo, Vol. I, pp. 26-31; The CA denied the motion for reconsideration through the assailed Resolution, dated 26 January 2017.
19 Id. at 15.
20 The first motion for extension of 15 days was filed on 10 March 2017, or on the last day of the 15-day reglementary period for filing a petition for review on certiorari. The second motion for extension of 15 days was filed on 24 March 2017.
21Rollo, Vol. II, pp. 886-935.
22 Id. at 941-953.
23Rollo, Vol. I, p. 18.
24 529 Phil. 718 (2006).
25Rollo, Vol. I, p. 19.
26 Id. at 20.
27 Id.
28Rollo, Vol. II, p. 897.
29 ld. at 896.
30 Id. at 897.
31 Id. at 902.
32 Id. at 910.
33 Id. at 904.
34 See Vda. de Mendez v. CA, 687 Phil. 185, 193 (2012).
35 716 Phil. 500 (2013).
36 Id. at 512-513, citing Bugarin v. Palisoc, 513 Phil. 59, 66 (2005).
37Rollo, Vol. I, p. 33; CA Resolution, dated 23 August 2016.
38 Id. at 34-36.
39 534 Phil. 222 (2006).
40 Id. at 230, citing Durban Apartments Corporation v. Catacutan, 514 Phil. 187, 194 (2005); Quintana v. NLRC, 487 Phil. 412, 423 (2004).
41Air Philippines Corporation v. Zamora, supra note 21, citing De los Santos, v. CA, 522 Phil. 313, 322 (2006); Lanzaderas v. Amethyst Security and General Services, Inc., 452 Phil. 621, 632 (2003); Sea Power Shipping Enterprises, Inc. v. CA, 412 Phil. 603, 611 (2001).
42Santos v. CA, 413 Phil. 41, 53 (2001).
43 See Petition for Certiorari under heading "Nature and Timeliness of the Petition," rollo, vol. I, p. 38.
44 Supra note 39.
45 Id. at 53-54.
46 See Resolution, dated 26 January 2017, rollo, vol. I, p. 30.
47Rollo, Vol, I, pp. 34-36.
48Fuji Television Network, Inc. v. Espiritu, 749 Phil. 388, 414 (2014), citing San Miguel Corporation v. Secretary of Labor, 159-A Phil. 346 (1975); Scott v. Inciong, 160-A Phil. 1107 (1975); Bordeos v. NLRC, 330 Phil. 1003 (1996).