SECOND DIVISION
[G.R. No. 244712. June 10, 2019.]
JUAN CANLAS MIRASOL, JR., petitioner, vs.VISION MARINE CREWING SERVICES CORPORATION, GRACE MANAGEMENT S.A. AND/OR MARLENE M. ROMERO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"G.R. No. 244712 (Juan Canlas Mirasol, Jr. v. Vision Marine Crewing Services Corporation, Grace Management S.A. and/or Marlene M. Romero)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 outright for failure of petitioner Juan Canlas Mirasol, Jr. to submit a clearly legible duplicate original, or a certified true copy of the assailed Decision and Resolution, since mere photocopies were attached to the petition.
Under Section 4 (d), 2 Rule 45 of the Rules of Court, a petition for review on certiorari filed before this Court must be accompanied by a clearly legible duplicate original or a true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo. Failure to comply with this requirement renders the petition dismissible under Section 5 3 of the above-mentioned Rule. HTcADC
In any event, the Court of Appeals correctly ruled that under prevailing jurisprudence, the non-observance of the mandatory requirement to have the conflicting disability assessments referred to a third doctor meant that the assessment of the company-designated physician would prevail, 4 as in this case.
SO ORDERED. (REYES, J., JR., J., on leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 10-23.
2. Section 4. Contents of Petition. — The petition shall be filed in eighteen (18) copies, with the original copy intended for the court being indicated as such by the petitioner, and shall x x x (d) be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and the requisite number of plain copies thereof, and such material portions of the record as would support the petition x x x. (Emphasis supplied)
3. Section 5. Dismissal or Denial of Petition. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.
4. See Buenaventura, Jr. v. Career Philippines Shipmanagement, Inc., G.R. No. 224127, August 15, 2018; See Ventura, Jr. v. Crewtech Shipmanagement Philippines, Inc., G.R. No. 225995, November 20, 2017.