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BONBON
v.
KRIS SECURITY SYSTEMS, INC., NLRC & CA
April 3, 2003 | Vitug, J. | Pleadings: Complaint: Individuals
Digester: Santiago, Angelo
SUMMARY: Petitioners file a case for illegal dismissal against
their employer Kris Security Systems Inc. The LA rules in favor of
them but on appeal, the NLRC reversed. The CA dismissed Fiel et
al.s petition on the ground that a 4th petitioner, Diomedes Uray,
did not sign the vcertification and verification of non-forum
shopping. The SC, in the greater interest of justice, does not fault
the three petitioners who complied with Rule 7, Sec. 5. Thus, the
SC remanded the case to the CA for adjudication on merits.
DOCTRINE: The petitioners who have faithfully observed the
rules mandated in Section 5, Rule 7, of the 1997 Rules of Civil
Procedure, by signing the requisite verification and certification on
non-forum shopping, should not be unduly prejudiced by the fault
of their co-petitioner [in failing or omitting to sign the petition]
who apparently has lost interest in pursuing his case.
FACTS:
Petitioners Agapito Fiel, Avelino Reyes, and Roy Bonbon were
employed by respondent Kris Security Systems as security
guards and were posted at Dunkin Donut, Imus Central Kitchen
Department in Imus, Cavite.
1998. October: On different dates, however, Kris terminated
their services.
October 13: Petitioners file a complaint for illegal dismissal.
Kris: it did not dismiss petitioners but they were pulled out
because of the clients request.
LA: Petitioners constructively dismissed. Kris to reinstate them
and pay full backwages.
NLRC appeal: reversed LA. Petitioners MR denied.
CA via Rule 65: Petition dismissed.
Basis: petition violated Sec. 5, Rule 7 of CivPro because
only 3 of the 4 petitioners signed the mandatory verification
and certification of non-forum shopping.
Thus, this petition.
RULING: Petition GRANTED. CA Resolutions SET ASIDE. Case
REMANDED to CA for adjudication on the merits of the petition
before it.