THIRD DIVISION
[G.R. No. 188517. October 2, 2013.]
P & R PARTS AND MACHINERY, INC., REPRESENTED BY ITS PRESIDENT, FERNANDO A. RAMILLANO, petitioner,vs. P & R PARTS MONTHLY PAID EMPLOYEES UNION-NAFLU [AMADOR PLACEDES, FELIX TABIRARA, RAMIL VALDEZ, ET AL.],respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated October 2, 2013, which reads as follows:
"G.R. No. 188517 (P & R Parts and Machinery, Inc., represented by its President, Fernando A. Ramillano v. P & R Parts Monthly Paid Employees Union-NAFLU [Amador Placedes, Felix Tabirara, Ramil Valdez, et al.]).— The power of the Court of Appeals (CA) to review National Labor Relations Commission (NLRC) decisions via a Rule 65 petition is now a settled issue. As early as St. Martin Funeral Homes v. NLRC, 1we have definitively ruled that the proper remedy to ask for the review of a decision of the NLRC is a special civil action for certiorari under Rule 65 of the Rules of Court, and that such petition should be filed with the CA in strict observance of the doctrine on the hierarchy of courts. 2 Moreover, it has already been explained that under Section 9 of Batas Pambansa (BP) Blg. 129, as amended by Republic Act 7902, 3 the CA — pursuant to the exercise of its original jurisdiction over petitions for certiorari — was specifically given the power to pass upon the evidence, if and when necessary, to resolve factual issues. 4 Thus, the petitioner, instead of directly filing a petition for review on certiorari under Rule 45 with this Court, should have initially filed a petition for certiorari under Rule 65 before the Court of Appeals. Consequently, a relief will not be granted to a party who seeks to be relieved from the effects of the judgment when the loss of the remedy at law was due to his own negligence, or to a mistaken mode of procedure. 5 (J. Mendoza, on official leave; J. Reyes, designated acting member, per Special Order No. 1557 dated September 19, 2013)
SO ORDERED." HcaDIA
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. 356 Phil. 811 (1998).
2. R & E Transport, Inc. v. Latag, 467 Phil. 355, 364 (2004).
3. "An Act Expanding the Jurisdiction of the Court of Appeals, Amending for the Purpose Section Nine of Batas Pambansa Blg. 129, as amended, known as the Judiciary Reorganization Act of 1980."
4. St. Martin Funeral Homes v. NLRC, supra note 1, at 821.
5. Amatorio v. People, 445 Phil. 481, 491 (2003).