Republic of the Philippines

Court of Appeals
Manila

SECOND DIVISION

JONATHAN HONRALES CA-G.R. SP No. 162965

and/or JONATHAN N JANE
TRUCKING INC.,
Petitioners,
Members:

LAMPAS PERALTA, J.,

-versus- Chairperson,
BUESER, and
MARTIN, JJ.

HON. NATIONAL LABOR

RELATIONS COMMISSION
(NLRC), 6TH DIVISION Promulgated
THRU: COMMISSIONER
AGNES ALEXIS A. LUCERO-
DE GRANO AND JESSIE 18 NOVEMBER 2019
DARIO RAFALES, ___________________
Respondents.

RESOLUTION
Martin, J.

Petitioners seek to nullify the Decision dated 24 April 20191 issued

by public respondent, the National Labor Relations Commission
(NLRC) which affirmed with modification the 4 January 2019 Decision
of the Labor Arbiter and the subsequent Resolution dated 31 July 2019 2
which denied petitioners' motion for reconsideration.

Verily, the instant petition lacks the following formal

requirements:
1 Rollo, pp. 45-57.
2 Rollo, pp. 86-90.
CA-G.R. SP No. 162965 Page 2 of 2 pages
Resolution
x ------------------------- x

1. Non-payment of docket and lawful fees as mandated by Sec. 3 (5th

par.) of Rule 46 of the Revised Rules of Court; 3

2. There was no Board Resolution or Secretary's Certificate showing

that Jonathan Honrales was authorized to commence the instant petition
and to sign the Verification and Certification of Non-Forum Shopping;

3. Copies of pertinent pleadings and other relevant portions of the

record were not attached as annexes, in violation of Sec. 1, Rules 65 of the
Revised Rules of Court.

Aside from the failure to attach the aforementioned formal

requirements, petitioners also failed to state the specific material dates
showing that the instant petition was filed on time, in violation of Sec. 1,
Rules 65 and Sec.3 Rule 46 of the same Rules.

The failure of petitioners to comply with the formal requirements is

fatal to the present petition. Further, the non-payment of the docket and
other lawful fees within the reglementary period is a cause for the dismissal
of the instant petition pursuant to Section 3, Rule 46 of the Revised Rules of
Court.

WHEREFORE, the petition is DIMISSED OUTRIGHT.

SO ORDERED.

ORIGINAL SIGNED
RONALDO ROBERTO B. MARTIN
Associate Justice

WE CONCUR:

ORIGINAL SIGNED ORIGINAL SIGNED

FERNANDA LAMPAS PERALTA DANTON Q. BUESER
Associate Justice Associate Justice

3 Rollo, p. 1.