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Pfizer Inc., Ma. Angelica B. Lleander and Sandra Webb vs. Edwin V.

Galan
GR No, 143389, May 25 2001
Facts: Edwin Galan was initially hired by petitioner Pfizer Inc. as a medical representative and
later on promoted as the District Manager for Mindanao. In September 1997, respondent was
recalled to Manila to meet with his superiors. In the meeting, a memorandum was issued
requiring him to explain his alleged unauthorized use of, and questionable expense claims made
on, the company vehicle, as well as the doubtful liquidation of his cash advance of US 5,000. In
the meantime, he was placed in a preventive suspension. On October 1998, he received a Notice
of Termination signed by petitioner Lleander, the cause of which was loss of trust and
confidence.
Galan filed a complaint for illegal dismissal before the NLRC RAB No. 9 in Zamboanga
City. The LA declared that respondent was illegally dismissed and is entitled to monetary award.
Petitioner appealed the decision to the NLRC CDO but the same was affirmed and entry of
judgment was made.
Before the issuance of the writ of execution, petitioners filed with the CA a petition for
certiorari. However, the same was dismissed on the ground that the appeal was filed beyond the
60-day reglementary period. Also, the Verification that was executed by Cleofe Legaspi
(Employment Specialist) was not properly executed. Petitioners filed a MR but the same was
denied.
Issues:
(1) Whether or not the CA erred in dismissing the petition on the ground of being failed out of
time.
(2) Whether or not the Verification executed by Cleofe Legaspi sufficient.
Ruling:
(1) NO. By virtue of the retroactive effect of the amendment of Section 4, Rule 65 of the
1997 Rules of Civil Procedure introduced by Resolution in AM No 00-2-03- SC, which
allows the filing of a petition for certiorari within sixty days from notice of the denial of a
MR, the filing of petitioners petition before the CA was on time. Indeed, there is no
dispute that their petition was filed on the sixtieth day from notice of the denial of their
MR.
(2) YES. The SC ruled that the purpose of verification was served in the instant case. Cleofe
Legaspi coordinated and actually participated in the investigation of the administrative
charges against respondent. As such, she was in a position to verify the truthfulness and
correctness of the allegations in the petition.

Shaniemielle Samantha S. Torres


Fourth Year- Juris Doctor

Mactan- Cebu International Airport Authority (MCIAA) vs Court of Appeals


GR No. 139495, November 27, 2000
Facts: Prior to the instant case, the RP file an expropriation proceeding on several parcels of land
which included Lot 941 for the expansion and improvement of Lahug Airport and the same was
granted. The herein petitioner did not appeal the decision in the expropriation proceeding but
instead accepted the compensation amounting to P34, 415. However, when the Cebu- Mactan
International Airport started its operation, Lahug Airport ceased to operate.
Thereafter, petitioner Chiongbian filed a complaint for reconveyance of Lot 941 with the
RTC Cebu and the same was granted on the condition that the expropriation price be reimbursed
to the RP.
Aggrieved, MCIAA appealed the decision to the CA. The CA affirmed the decision of the
RTC. MR denied.
MCIAA filed a petition before the SC. Chiongbian prayed that the petition be dismissed
on the ground that the Verification and Certification on Non- Forum Shopping executed by the
MCIAA was signed by Colonel Marcelino Codova whose appointment as Asst. General Manager
of MCIAA was disapproved by the CSC.
Issue: Whether or not the Verification and Certification on Non Forum Shopping sufficient.
Held: The same is sufficient. The SC ruled that Colonel Cordova signed the Verification and
Certification on Non Forum Shopping as Acting General Manager of the MCIAA, pursuant to
Office Order No. 5322-99 dated September 10, 1999, issued by the General Manager of the
MCIAA. Colonel Cordova did not sign the Verification and Certification on Non Forum
Shopping pursuant to his appointment as Asst. General Manager of the MCIAA, which was later
disapproved by the Commission on Appointments. This fact has not been disputed by petitioner
Chiongbian.

Shaniemielle Samantha S. Torres


Fourth Year- Juris Doctor