FIRST DIVISION
[G.R. No. 237889. June 20, 2018.]
ROYAL DRAGON SECURITY MANAGEMENT, INC., petitioner, vs.LANDY M. MORALES, VIRGILIO BELANDO, GARRY PIAMONTE, AND ELMI BATOY, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 20, 2018which reads as follows: HTcADC
"G.R. No. 237889 — Royal Dragon Security Management, Inc. vs. Landy M. Morales, Virgilio Belando, Garry Piamonte, and Elmi Batoy
The Court resolves to GRANT petitioner's Motion for Extension seeking an additional period of thirty (30) days from the expiration of the reglementary period within which to file its Petition for Review on Certiorari.
After carefully reviewing the allegations, arguments, and issues in the Petition for Review on Certiorari, the Court resolves to DENY the same for the following reasons: (1) the affidavit of service attached to said Petition was notarized on April 13, 2018 prior to the actual date of posting of copies thereof on the Court of Appeals (CA) and the adverse parties on April 20, 2018; and (2) failure of the petitioner to show that the CA committed any reversible error in issuing the assailed Resolutions dated May 22, 2017 and March 5, 2018 in CA-G.R. SP No. 150827. On the contrary, the CA's Resolutions are in accord with the facts and applicable laws and jurisprudence.
It is a fundamental rule that a special civil action of certiorari under Rule 65 of the Rules of Court will lie only if there is no appeal nor any other plain, speedy, and adequate remedy in the ordinary course of law. In this case, petitioner had an available remedy against the assailed Orders of the Labor Arbiter. Petitioner should have raised the issue of the denial of its Motion to Admit Position Paper as an error on appeal before the National Labor Relations Commission. Hence, direct recourse to the CA via a Petition for Certiorari was improper.
ACCORDINGLY, the Court resolves to AFFIRM the May 22, 2017 and March 5, 2018 Resolutions of the Court of Appeals in CA-G.R. SP No. 150827.
SO ORDERED." (Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018).
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court