REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
3rd Division Manila

XYZ CORPORATION PRESIDENT WENDELL LEIGH OASAN

(PETITIONER),
--VERSUS
NATIONAL LABOR RELATIONS COMMISSION
(RESPONDENT),
JUAN DE LA CRUZ, ET AL.
(PRIVATE RESPONDENTS),
X------------------------------------------X

PETITION FOR CERTIORARI

COMES NOW, petitioner XYZ Corporation duly represented by Atty. Ralph
Jarvis Alindogan through the undersigned counsel in the above-entitled case, unto
this Honorable Court, most respectfully states and alleges:

I. NATURE OF THE PETITION

1. This is a petition for Certiorari under Rule 65 of the 1997 Rules of Civil
Procedure assailing the resolution of the National Labor Relations Commission (NLRC
for brevity) Second Division dated February 13, 2014 (which is referred as Annex A
hereof) pertaining to the denied Motion for Reconsideration of its previous decision;

2. That petitioner was able to timely file the Motion For Reconsideration of
such resolution of the National Labor Relations Commission. Unfortunately, the
NLRC denied said motion on its resolution dated February 20, 2014;
3. That petitioner is now assailing the propriety of the NLRC decision in
dismissing the motion and hereby raise pure questions of law, considering that
there is no plain, speedy and adequate remedy available in the ordinary course of
law- hence, this petition;

II. TIMELINESS OF THE FILING OF THE PETITION

1. That petitioner through its president had received via his secretary the
assailed NLRC decision denying the motion for reconsideration on February 27,
2014. This petition is timely filed because it is still within the time frame allowed by
law.

III. ATTACHMENTS
1. Annex A - Decision of NLRC dated February 13, 2014.
2. Annex B - Denied Motion for Reconsideration by NLRC dated February 20,
2014.

IV. THE PARTIES

 1. That petitioner is a corporation duly organized and registered under the
laws of the Philippines, represented by its President, WENDELL LEIGH OASAN, of
legal age, Filipino, single, with an office address at #34, 5th St. Bonifacio Global City
Taguig Metro Manila, where she may be served the summons and other processes of
this Honorable Court;

2. That respondent NATIONAL LABOR RELATIONS COMMISSION (NLRC) is a

quasi-judicial body tasked to promote and maintain industrial peace by resolving
labor and management disputes involving both local and overseas workers through
compulsory arbitration and alternative modes of dispute resolution. It is attached to
the Department of Labor and Employment for program and policy coordination with
duties and responsibilities pursuant to law duly represented by its CHAIRMAN MARK
PAUL LOMOD, of legal age, Filipino with postal address at NLRC OFFICE, Quezon City,
where he may be served the summons and other processes of this Honorable Court.

V. STATEMENT OF MATTERS AND FACTS INVOLVED IN THE CASE

1. In 2013, the Defendant, Juan De La Cruz, joined the rally of the workers
against the management. Due to this charge, they were summarily dismissed by
the company. Juan De La Cruz filed a complaint for illegal dismissal to the Labor
Arbiter. He alleged that he was not afforded due process because he was not given
any notice in violation of the two-notice rule by the Labor Code and management
should pay him amount equivalent to the number of years that he worked for the
company which is ten years;
2. The Labor Arbiter ruled in favor of the Juan de La Cruz, et al. The
dispositive portion of which reads as follows:
WHEREFORE, judgment is rendered in favor of Juan De la Cruz. XYZ
Corporation is hereby ordered to reinstate Juan De la Cruz with full backwages.
Costs ordered against the respondent XYZ.

3. That XYZ Corporation appealed to NLRC but the latter sustained the
decision of the Labor Arbiter. The dispositive portion of which reads as follows:
WHEREFORE, the decision of the Labor Arbiter is affirmed without
modifications.

4. That a timely Motion for Reconsideration was filed before the NLRC but was
denied.

VI. REASONS/ARGUMENTS RELIED ON FOR THE INSTANT PETITION

1. The NLRC erred and gravely abused its discretion in a capricious, whimsical
arbitrary or despotic manner in the exercise of their jurisdiction equivalent to lack of
jurisdiction for XYZ Corporation validly carried out its retrenchment program, which
effectively severed the concerned employees employment with the company. For
lack of factual and legal basis, the NLRC struck down its decision against the
Corporation.
 2. The NLRC acted with or in excess of its jurisdiction when they overstepped
their authority in not appreciating the ground relied upon in the arguments of the
petition and the Motion For Reconsideration of XYZ Corporation.

PRAYER
WHEREFORE, premises considered, petitioner respectfully prays that an order be
issued reversing the NLRC decision denying the Motion for Reconsideration of XYZ
Co

Respectfully submitted this 13th day of March, 2014 at Manila City,

Philippines.

ATTY. JARVIS ALINDOGAN

Counsel for Petitioner
PTR no. 1532749-1-5-09
IBP No. 04796 (lifetime)
ROA No. 46753
MCLE Compliance No.II-0006141
Purok Dahlia,
Lower Taway Ipil, Zamboanga Sibugay

EXPLANATION
( Pursuant to Section 11, Rule 13 of the 1997 Rule of the Civil
Procedure)

The foregoing pleading is being served through registered mail except for the filing
of the petition because personal delivery is impractical due to distance.

ATTY. JARVIS ALINDOGAN

Copy furnished:
GERARDO NOGRALES
Chairman National Labor Relations Commission
Quezon City, Metro Manila

The Solicitor General

Office of the Solicitor General
134 Amorsolo St., Legaspi Village Makati City
Republic of the Philippines)
City of Manila . . . . . . . . )
S.S. X-----------------------------X

CERTIFICATION OF NON-FORUM SHOPPING/ VERIFICATION

I, WENDELL OASAN, of legal age, Filipino citizen, single, with office address at
#34, 5th St. Bonifacio Global City Taguig, MM, Philippines after having been duly
sworn to an oath in accordance with law, hereby depose and say: That I am the
President of XYZ Corp. with office address at #34, 5th St. Bonifacio Global City
Taguig MMla, Philippines; That I have been tasked and authorized by XYZ Corp.
through its Board Resolution to caused to prepare and file the petition for certiorari
before the Court of Appeals the assailed resolution of the NLRC;

That in compliance thereof, I prepared and/or caused the foregoing petition; I

have read its contents and the same are true and correct based on my personal
knowledge and of the authentic records;

That I hereby certify that there is no other action or proceeding involving the
same subject matter, issues, and parties pending in any other court or tribunal; and
in case, if I learned of any action or proceeding involving the same subject matter,
issues and parties pending in any other court or tribunal, I hereby undertake to
report the same to this Honorable Court within Five (5) days from date of knowledge
thereof;

IN WITNESS WHEREOF, I hereunto affixed my signature this 13th day of

March, 2014 at Manila, Philippines.

WENDELL OASAN
Affiant/Petitioner
LTO ID No. N27-02-006784

SUBSCRIBED AND SWORN to before me this 13th day of March, 2014 at Manila City,
Philippines.