FIRST DIVISION
[G.R. No. 242980. June 26, 2019.]
CYCLEMAR CALOOCAN CORPORATION AND/OR MICHAEL BAUTISTA AND MA. ANITA BAUTISTA, petitioners, vs.MANILYN POLIDO NAPOLES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 26, 2019which reads as follows:
"G.R. No. 242980 (Cyclemar Caloocan Corporation and/or Michael Bautista and Ma. Anita Bautista v. Manilyn Polido Napoles) — The petitioners' motion for an extension of fifteen (15) days within which to file a petition for certiorari is GRANTED, counted from the expiration of the reglementary period.
After review of the records, this Court resolves to DISMISS the petition for failure of the petitioners to sufficiently show that the Court of Appeals (CA) committed any reversible error in its February 19, 2018 1 and September 12, 2018 2 Resolutions, as to warrant the exercise of the Court's appellate jurisdiction.
Failure of petitioners' counsel to indicate his Integrated Bar Identification Card Number is ground for dismissal of the petition. Also, as correctly held by the CA, the petition filed before it lacks the required certification of non-forum shopping. 3 The verification is defective in that it was signed by petitioners Michael Bautista and Ma. Anita Bautista only, in the absence of proof that their co-petitioner Cyclemar Caloocan Corp. designated them as its authorized representatives. 4 Non-compliance with or a defect in the certification against forum shopping is not curable by its subsequent submission or correction thereof. 5 HTcADC
Further, the CA correctly affirmed the ruling of the NLRC dismissing petitioners' appeal for failure to post the required appeal bond. Under Article 229 6 (Renumbered from Article 223) of the 2017 Labor Code, the posting of a bond is indispensable to the perfection of an appeal in cases involving monetary awards from the decision of the LA. The same is also provided under Sections 4 7 and 6, 8 Rule VI of the Revised Rules of Procedure of the NLRC. Posting of a bond is not only mandatory but also jurisdictional. Notwithstanding the said procedural infirmity, however, the petition must still be dismissed for lack of merit. The LA did not err in its finding that Napoles was illegally dismissed. Petitioners failed to prove that the act of Napoles constitutes serious misconduct warranting the imposition of the penalty of dismissal.
WHEREFORE, the petition is DISMISSED. The February 19, 2018 and September 12, 2018 Resolutions of the Court of Appeals in CA-G.R. SP No. 154185 are AFFIRMED. CAIHTE
The National Labor Relations Commission is DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended.
SO ORDERED."Jardeleza, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 7-9; penned by Associate Justice Ramon R. Garcia with Associate Justices Myra V. Garcia-Fernandez and Germano Francisco D. Legaspi, concurring.
2.Id. at 10-14.
3.Id. at 7-8.
4.Id. at 9.
5.Id. at 11.
6. Article 229 [223]. Appeal. — Decisions, awards, or orders of the Labor Arbiter are final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt of such decisions, awards, or orders. x x x
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In case of a judgment involving a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in the amount equivalent to the monetary award in the judgment appealed from.
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7. SECTION 4. Requisites for Perfection of Appeal. — a) The appeal shall be:
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(5) accompanied by:
i) proof of payment of the required appeal fee and legal research fee;
ii) posting of a cash or surety bond as provided in Section 6 of this Rule; and x x x.
8. SECTION 6. Bond. — In case the decision of the Labor Arbiter or the Regional Director involves a monetary award, an appeal by the employer may be perfected only upon the posting of a bond, which shall either be in the form of cash deposit or surety bond in an amount equivalent to the monetary award, exclusive of damages and attorney's fees.
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