CERTIFIED TRUE COPY OF NLRC DECISION

OSM SHIPPING PHILIPPINES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION (Third
Division) and FERMIN F. GUERRERO
G.R. No. 138193, March 5, 2003
PANGANIBAN, J.

FACTS: Fermin Guerrero (Guerrero) was hired by OSM Shipping Philippines, Inc. (OSM) for and on
behalf of its principal, Phil Carrier Shipping Agency Services Co. (PC-SLC), as a Master Mariner.
Guerrero alleged that he was not paid any compensation for working at the vessel, and worst, he was
forced to disembark. Thus, he filed a complaint for illegal dismissal and non-payment of salaries,
overtime pay and vacation pay. The LA ruled in favor of Guerrero which was affirmed by the NLRC.
Challenging the ruling of the NLRC, OSM filed a petition with the CA, but it was dismissed for failure to
attach in its petition a duplicate original or certified true copy of the LA’s decision. Hence, this petition.

ISSUE: Whether the CA erred in dismissing the petition for failure to attach a duplicate original or
certified true copy of the LA’s decision.

RULING: YES.

Section 3 of Rule 46 does not require that all supporting papers and documents accompanying a petition
be duplicate originals or certified true copies. Even under Rule 65 on certiorari and prohibition, petitions
need to be accompanied only by duplicate originals or certified true copies of the questioned judgment,
order or resolution. Other relevant documents and pleadings attached to it may be mere machine copies
thereof. Numerous decisions issued by this Court emphasize that in appeals under Rule 45 and in original
civil actions for certiorari under Rule 65 in relation to Rules 46 and 56, what is required to be certified is
the copy of the questioned judgment, final order or resolution. Since the LA's Decision was not the
questioned ruling, it did not have to be certified. What had to be certified was the NLRC Decision. And
indeed it was.