FIRST DIVISION
[G.R. No. 236850. April 4, 2018.]
CORINTHIANS INTEGRATED SECURITY, INC., petitioner,vs. RAMIL SALVADOR, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 4, 2018which reads as follows: IDSEAH
"G.R. No. 236850 (Corinthians Integrated Security, Inc. v. Ramil Salvador, et al.). — Petitioner comes before this Court on the allegation that it was being made a party to a labor dispute before the National Labor Relations Commission (NLRC) for the first time via a notice of pre-execution conference. It claims that it is a separate and distinct corporation from Mega Corinthians Security, which was the employer of respondents impleaded in their illegal dismissal case. Petitioner assails the Decision of the Court of Appeals (CA) dated June 16, 2015 in CA-G.R. SP. No. 136797 which ruled in favor of respondents. Said Decision has already attained finality, as in fact, an entry of judgment has already been issued. Essentially, petitioner now seeks to annul this Decision on the ground of lack of jurisdiction over its person. The Court, however, cannot grant the same.
The petition filed, being one under Rule 45 of the Rules of Court, is not the correct remedy, but should have been a petition for certiorari under Rule 65. This Court has held that a petition for certiorari is available when the proceedings in question amount to depriving the petitioner his day in court or when the lower court's decision or resolution was issued without jurisdiction or with grave abuse of discretion. 1 But even if the Court were to relax the rules and treat the petition as one for Rule 65, it would still be unavailing. The writ of certiorari is an extraordinary remedy that is justified in the absence of an appeal or any plain, speedy, and adequate remedy in the ordinary course of law. 2 Petitioner, however, under the NLRC Rules of Procedure has an available remedy which it did not pursue. Rule XII thereof provides for an extraordinary remedy for a party who feels aggrieved by any order or resolution issued by the Labor Arbiter, even during execution proceedings, to file a verified petition before the NLRC to annul or modify the same.
WHEREFORE, for being a wrong remedy, the petition is DENIED. aCIHcD
SO ORDERED." Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2540 dated February 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.Commissioner of Internal Revenue v. Kepco Ilijan Corporation, G.R. No. 199422, June 21, 2016, 794 SCRA 193, 209.
2.Id. Citation omitted.