Republic of the Philippines

COURT OF APPEALS
National Capital Judicial Region
Ermita Manila
THIRD DIVISION

VERBU CORPORATION
President ANDRE DELA
CRUZ
Petitioner,
C.A.-G.R. No. 12345
-versus-

NATIONAL LABOR
RELATIONS COMMISSION
NINA SANTOS, ET AL.
Respondents.
x--------------------------x

PETITION

PETITIONER, petitioner VERBU Corporation, thru the

undersigned counsel, respectfully states and alleges that:

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, 2019
(which is referred as Annex “A” hereof) pertaining to
the denied Motion for Reconsideration of its previous
decision;
2. That petitioner was unable 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, 2019;

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, 2019. 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, 2019.

2. Annex “B” - Denied Motion for Reconsideration by NLRC

dated February 20, 2019.

IV. THE PARTIES

1. That petitioner is a corporation duly organized and

registered under the laws of the Philippines,
represented by its President, ANDRE DELA CRUZ, of
legal age, Filipino, single, with an office address at
 #34, 5th St. Bonifacio Davao City, 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 EMPLOY, of legal age, Filipino with
postal address at NLRC OFFICE, Davao City, where he
may be served the summons and other processes of
this Honorable Court.

V. STATEMENT OF FACTS AND CASE

1. In 2013, the Defendant, Nina Santos, joined the rally of

the workers against the management. Due to this
charge, they were summarily dismissed by the
company. Nina Santos 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 Nina Santos, et

al. The dispositive portion of which reads as follows:
 WHEREFORE, judgment is rendered in favor of Nina
Santos. XYZ Corporation is hereby ordered to reinstate
Nina Santos with full back wages. Costs ordered
against the respondent XYZ Corporation

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. ERRORS ASSIGNED

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 VERBU 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.

VII. DISCUSSION

1. The NLRC gravely abused its discretion in a capricious,

whimsical arbitrary or despotic manner in the exercise
of its jurisdiction when it ruled that the severance of
the employment of the employees were not valid.
Article 283 of the Labor Code provides that an
employer may terminate the employment of any
 employee due to retrenchment to prevent losses. This
ground was well provided in the petition as well as the
Motion for Reconsideration timely filed which the NLRC
failed to give credence.

PRAYER

WHEREFORE, premises considered, petitioner respectfully

prays that an order be issued reversing the NLRC decision
denying the Motion for Reconsideration of XYZ Co., and
deciding on the merits of the case, finding that the
retrenchment of the employees was valid.

Respectfully submitted this 3rd day of February, 2020 at

Davao City, Philippines.
Republic of the Philippines)
City of Davao ) S.S.
X---------------------------X

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, ANDRE DELA CRUZ, of legal age, Filipino citizen, single,

with office address at #34, 5th St. Bonifacio Davao City,
Philippines after having been duly sworn to an oath in
accordance with law, hereby depose and say:

1. That I am the petitioner in the above-stated case;

2. That I caused the preparation of the foregoing petition;

3. That I have read the contents thereof and the facts

stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents
and records in my possession;

4. That I have not commenced any other action or

proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action

or proceeding is pending in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;

ANDRE DELA CRUZ

Affiant
SUBSCRIBED AND SWORN to before me this 3rd day of
February 2020 at Davao City affiant exhibiting to me her
Driver’s License with number N12-3456789 issued on
September 1, 2014 at Pasig City.

Doc. No.______;
Page No.______;
Book No.______;
Series of 2020.