Case Digest: MA. ELLAINE D. PANAGA v. COURT OF APPEALS

MA. ELLAINE D. PANAGA v. COURT OF APPEALS

           Ma. Ellaine D. Panaga filed a Complaint for illegal dismissal against Toyota Cubao, Inc. and its employees. The Labor Arbiter rendered judgment against Toyota.

          Panaga thereafter filed a Petition for Certiorari before the Court of Appeals. The CA dismissed Panagas‘ petition on the ground that it was found to be fatally flawed for it failed to contain an Affidavit of Proof of Service required by Section 13 of Rule 13 and for appending only the decisions of the Labor Arbiter and the NLRC.

       Panagas‘ counsel filed a Motion for Reconsideration of the appellate court‘s resolution.

ISSUE:

Whether or not Court of Appeals erred in dismissing the petition

HELD:

While the initial determination of what pleadings or relevant or pertinent documents should be attached to the petition lies on petitioner, the final determination thereof lies on the appellate court.

Section 1, Rule 65 of the Rules of Court provides that the petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46.

In the present case, the labor arbiter summarized in its decision the material allegations in the respective pleadings of the parties. The NLRC decision, on the other hand, fully quoted the report and recommendation on Panaga‘s appeal which summarized Toyota Cubao, Inc. et al.‘s memorandum of appeal. Given these, and taking into consideration the contents of the two documents appended to Panaga‘s petition for certiorari filed before it, the appellate court could determine whether the petition make out a prima facie case.