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Title MC Engineering, Inc. v. NLRC: G.R. No. 142314

The Supreme Court ruled on whether the dismissal of a petition for certiorari by the Court of Appeals on the grounds of non-compliance with non-forum shopping and explanation of service by mail was proper. The petitioners were a local private employment agency and its foreign principal being sued by a worker for illegal dismissal. While the Court affirmed the dismissal regarding explanation of service, it ruled the certification of non-forum shopping signed by the local agency alone substantially complied, as the agency represented the foreign principal. Thus, the dismissal on that ground was not proper.

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183 views2 pages

Title MC Engineering, Inc. v. NLRC: G.R. No. 142314

The Supreme Court ruled on whether the dismissal of a petition for certiorari by the Court of Appeals on the grounds of non-compliance with non-forum shopping and explanation of service by mail was proper. The petitioners were a local private employment agency and its foreign principal being sued by a worker for illegal dismissal. While the Court affirmed the dismissal regarding explanation of service, it ruled the certification of non-forum shopping signed by the local agency alone substantially complied, as the agency represented the foreign principal. Thus, the dismissal on that ground was not proper.

Uploaded by

Rochelle Joy Solis
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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TITLE G.R. No.

142314

MC Engineering, Inc. v. NLRC

PONENTE: Gonzaga-Reyes, J. DATE: June 28, 2001

DOCTRINE:

The requirement regarding the need for a certification of non-forum shopping in original cases filed before the
Court of Appeals and the corresponding sanction for non-compliance thereto is found in Section 3, Rule 46 of
the 1997 Rules of Civil Procedure. Said section, in pertinent part, provides as follows: "Rule 46, Sec. 3. Contents
and filing of petition; effect of non-compliance with requirements. — . . .

FACTS:

Petitioner Hanil Development Co., Ltd. (Hanil) was the overseas employer of all contract workers deployed by
petitioner MC Engineering, Inc. (MCEI) under a Service Contract Agreement between them. Private respondent
Aristotle Baldameca entered into an Employment Agreement with MCEI for deployment as a plumber in Tabuk,
Saudi Arabia. The contract was for a term of twelve (12) months. For some reason, private respondent was not
able to finish the full term of his contract and he was repatriated back to Manila. He filed a complaint with the
POEA against petitioners for illegal dismissal. In his complaint, private respondent prayed for the payment of his
salaries for the unexpired portion of his employment agreement and the reimbursement of his airfare. The case
was referred to the National Labor Relations Commission (NLRC) Arbitration Division, as by then it was this
agency which had jurisdiction over his complaint. The labor arbiter held petitioners MCEI and Hanil jointly and
severally liable to private respondent in the amount of US$2,500.00 and 10% of the cash award as and by way of
attorney's fees. The decision of the labor arbiter was appealed to the NLRC. However, the Court of Appeals
dismissed the petition. Petitioners filed a Motion for Reconsideration, but this was also denied by the Court of
Appeals. Hence, this recourse to the Supreme Court.|||

ISSUE/S
Whether or not the dismissal of their petition for certiorari by the Court of Appeals on the grounds of
non-compliance with the requirements of non-forum shopping and lack of explanation of service by registered
mail is proper.

RULING

According to the Supreme Court, the Court of Appeals should have taken into consideration the fact that petitioner
Hanil was being sued by private respondent in its capacity as the foreign principal of petitioner MCEI. It was
petitioner MCEI, as the local private employment agency, who entered into contracts with potential overseas
workers on behalf of petitioner Hanil. Considering that the local private employment agency may sue on behalf of
its foreign principal on the basis of its contractual undertakings submitted to the POEA, there was no reason why
the said agency cannot likewise sign or execute a certification of non-forum shopping for its own purposes and/or
on behalf of its foreign principal. Such requirement was not circumvented and was substantially complied with
when, as in this case; the local private employment agency signed the said certification alone. On the other hand,
the Court negatively ruled on the second issue herein. The fact that an affidavit of service accompanied the
petition for certiorari did not amount to a substantial compliance with the requirement of an explanation why
other modes of service other than personal service were resorted to. An affidavit of service, under Section 13, Rule
13 of the 1997 Rules of Civil Procedure, is required merely as proof that service has been made to the other parties
in a case. Thus, it is a requirement totally different from the requirement that an explanation be made if personal
service of pleadings was not resorted to. In consideration of the foregoing, the resolutions of the Court of Appeals
were affirmed by the Supreme Court.

MISC DETAILS

WHEREFORE, premises considered, the resolutions of the Court of Appeals dated December 27, 1999 and March
03, 2000 are hereby AFFIRMED.

ROCHELLE

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