17. NYK International Knitwear Corporation Philippines and La Cathy NG v.

NLRC and
Virginia Publico
G.R. No. 146267
Feb. 17, 2013
Quisumbing Jr.
Facts: Virginia Publico is a sewer of NYK. She was paid on piece-rate basis but required to work
from 8:am to 12 midnight.
Publico filed a complaint for illegal dismissal against NYK and its manager Cathy NS due to the
incident when Publico left the workplace early as she was not feeling well due to influenza. She
inquired to the owner why she was barred from reporting to work and the owner told her that she
was dismissed due to refusal to render overtime work.
LA: dismissal illegal
NLRC: Affirmed
CA: Dismissed the SCA. There was non-compliance of Sec. 1 Rule 6501 1997 Rules of Civil
Procedure as the petition merely accompanied by a certified Xerox copy of the assailed NLRC
decision, instead of Certified true copy thereof as required by the Rules of Court Failed to attach
after pleading and documentary material to the petition.

ISSUE: Shall a petition before the CA be accompanied by a certified true copy of the judgment
of order subject thereof together with copies of a pleading and documents relevant thereto?

RULING: Yes. Sec. 1 Rule 65.

1. The CTC thereof shall be such other copy furnished to a party at his instance or in his
behalf, duly authenticated by the authorized officers of representatives of the issuing entity as
herein before specified.
2. The CTC must further comply with the regulations thereof after issuing entity and it is the
authenticated original of such CTC and not a mere Xerox copy, which shall be utilized as annex
to the petition.
Failure to do so shall result in the rejection of such annexes and the dismissal of the case.
A writ of Certiorari is prerogative writ, never demandable as a matter of right, never issued
except in the exercise of Judicial discretion.