legal Free Legal Advice

[Cyber_pinoy]

What is the possible remedy if the complainant did not attach or include a Certification of Non-Forum Shopping?  Are there any jurisprudence or fact that supports it.

 

Rush reply appreciated.

Sir,

 

In practice, the adverse counsel would file a motion to dismiss. It is really a fatal flaw. If with the appellate court, usually minute resolution dismissing case.

 

But the dismissal will be usually without prejudice. If not disclosed by the adverse counsel, then maybe you can make pahabol.

Thanks Roubaix. By now, I've done some research na.

 

Anyway, it was already raised by the other party in their answer to our Memorandum of Appeal I filed in the Labor Commission. But it is worth noting if this happens that there could be no forum shopping for the reason that there is indeed no other forum but the NLRC.

 

It must also be kept in mind that while the requirement of the certificate of non-forum shopping is mandatory, nonetheless the requirements must not be interpreted too literally and thus defeat the objective of preventing the undesirable practice of forum-shopping (Bernardo v. NLRC, 255 SCRA 108 [1996]). Lastly, technical rules of procedure should be used to promote, not frustrate justice. While the swift unclogging of court dockets is a laudable objective, the granting of substantial justice is an even more urgent ideal.

 

Philippine Rabbit Bus Lines, Inc. v. NLRC, 306 SCRA 151 (1999):

 

"xxx Technicalities have no room in labor cases where the Rules of

Court are applied only in a suppletory manner and only to effectuate the

objectives of the Labor Code, and not to defeat them. The law bends over

backwards to accommodate the interests of the working class on the humane

justification that those with less privileges in life should have more in

law."

 

 

Tapos pray na lang ako for the interest of justice.

 

What do you think Roubaix? Pwede na to diba.

[silentkilla]

can u help me guys,

 

naka p2 akong processor, redfox na board, 64mb na memory ang setup pn pc ko!!

ang problem ko ay bakit nag hang yung pc ko kapag kinakabit ko yung harddisk ko na 40gig na cheetah. parang di niya kayang basahin yung harddisk. pero kapag kinabit ko sa amd k6-2, nababasa naman niya. ano ang dapat kong gawin?

 

tnx in advance!!

Malamang kaya di rin nababasa nun board yung hard drive mo ay malamang di na compatible yung bios. And another thing, ang mga boards ngayon ay ATA133 supported na hard disks, this means na siguro yung board mo baka di pa supported yung ATA133.

[totoybola]

Pwede na. Dasal na lang kulang. He he. I'm assuming of course that you have substantially complied with the certification requirement by submitting it even if late. As you already pointed out, just harp on the fact that this is a labor case wherein the technical rules of procedure should not be applied too stringently or rigidly to defeat the rights of the ordinary working man.Again, with that line of reasoning Im assuming employee yung client mo and not the employer. He he.

 

Also, it will not hurt to emphasize that sans the technicalities, your appeal has merit. Thus, focus on these merits and argue that the case should be decided based on the issues. May dating din yan kahit paano.

pero syempre kung ako kalaban mo I will ask for the strict application of the rules and add that appeal ios not a matter of right naman kaya dapat rules should be followed.

 

Oh well, discretionary na lang talaga sa kanila yan kung palulusutin ka o hindi. :boo:

[totoybola]

"But it is worth noting if this happens that there could be no forum shopping for the reason that there is indeed no other forum but the NLRC."

 

Pareng cyber,

 

With all due respect, I think that the above-quoted point is not really relevant since the issue is compliance with the certification requirement itself and not whether your client is guilty of forum-shopping.

[totoybola]

Sana po may sense ang aking mga sinabi kasi nahirapan pa akong tanungin yan sa mga prends kong lawyers.

 

Ang inyong lingkod, totoybola.

[-=extreme=-]

Even ATA 133 yung speed ng HDD pwede pa rin sa IDE ATA-100 yung nga lang medyo babagal lang kasi dodowngrade nya yung speed nya sa supported ng IDE bus, ang problema lang baka nga yung BIOS mo di supported ang ganitong kalaking size, either mahanap mo yung updated BIOS which medyo mahirap gawin or try mo yung software ng HDD, para maging compatible sa older MB, like Seagate - DiscWizard, Maxtor - Ontrack, parang ganoon punta ka na lang sa website nila.

[Cyber_pinoy]

"But it is worth noting if this happens that there could be no forum shopping for the reason that there is indeed no other forum but the NLRC."

 

Pareng cyber,

 

With all due respect, I think that the above-quoted point is not really relevant since the issue is compliance with the certification requirement itself and not whether your client is guilty of forum-shopping.

totoybola, you have dahil compliance and hinihingi ng batas, pero for the complainant who hasn't attached a certification of non-forum shopping, specially on appeal, he should remedy the defect and not just admit his shortcomings.

 

"The alleged failure to attach all pleading and documents is not sufficient ground to dismiss the petition. The courts may liberally construe procedural rules in order to meet and advance the cause of substantial justice." xxx (Molina vs. CA, GR No. 143156 January 13, 2003.

 

Technicalities have no room in labor cases where the Rules of Court are applied only in a suppletory manner and only to effectuate he objectives of the Labor Code, and not defeat them. (Phil. Rabbit Bus lines, Inc. vs. NLRC, 306 SCRA 151 (1999)).

 

Technical rules of procedure should not be strictly applied to labor cases where the reslut would be detrimental to the working man (Philimare Shipping & Equipment Supply, Inc. vs. NLRC, 321 SCRA 518 (1999))

 

Tama ka, sa empleyado ako.

 

Thanks for being my devil's advocate.

[Guest sexy_legs]

lawyers,

 

may habol ba pa kami pag nag file kami ng kaso sa labor para makuha namin ang back pay namin? paano kung nag close na ang company?

 

sino po kaya ang willing to help me... I wanna seek some advice.... pls thanks!

 

I am just a PM away

[umbertoeklat]

Ha! WORM_MSBLAST.D/Nachi/Welchia

 

sa mga meron msblast dyan! pede nyo ring hintayin ma-infect na lang kayo nito....hehe

 

an antiworm worm

 

here's an article on inq7, but this worm has been circulating at least before monday pa.

http://www.inq7.net/inf/2003/aug/21/inf_5-1.htm

[tequila_ni_doctor]

salamat sa advice, siguro kailangan ko ng mag upgrade!!

yung pc konga pala , ay kinarne ko lang sa opis!!

kaya kaialang, mang karne nanaman sa opis!!

hehehehehehe!!!

[-=extreme=-]

salamat sa advice, siguro kailangan ko ng mag upgrade!!

yung pc konga pala , ay kinarne ko lang sa opis!!

kaya kaialang, mang karne nanaman sa opis!!

hehehehehehe!!!

Pumili ka ng medyo bago-bago , para matagal uli ang palitan. he he he

[totoybola]

Sexylegs,

 

Hmm... kung ang kumpanya ay sarado na, may pagkamahirap ng kaunti. Pero konti lang naman. Hehe Sabi ng mga prends kong lawyers (ang bait nila ano?) hindi naman ibig sabihin noon ay wala na sila assests. O baka naman nagsara para makaiwas sa pananagutan at nagbukas ulit sa ilalim ng ibang pangalan pero same owners rin (directors, stockholders etc.). Pm me mo na lang ako kung nais mo ng advice maari tayong mag-usap. Ayaw po kitang i pm baka sabihin nila na kaya ako nagpm ay dahil sexy ang legs mo. He he.

 

 

Totoybola

( kamaganak ni totoymola)

[Roubaix]

Cyber_pinoy, totoybola:

 

We are forgetting the actual practice of labor law. If the laborer is the one at fault, compassionate justice will overrule the technicality.

 

If the missing requirement was due to the fault of a big law firm representing a SM type firm, then the technical rules might be enforced.

 

Cybs, which side are you ba? Arbiter or Commission level?

 

Good luck na lang.

 

Godspeed

[Cyber_pinoy]

Cyber_pinoy, totoybola:

 

We are forgetting the actual practice of labor law. If the laborer is the one at fault, compassionate justice will overrule the technicality.

 

If the missing requirement was due to the fault of a big law firm representing a SM type firm, then the technical rules might be enforced.

 

Cybs, which side are you ba? Arbiter or Commission level?

 

Good luck na lang.

 

Godspeed

I'm for the complainant. In my initiatory pleading, I gave a certificate of non-forum shopping. In the perfection of an appeal in the commission level, there was an oversight and inadvertence of not submitting again a certificate of non-forum shopping.

 

Doctrine of Substantial Compliance na lang defense ko. And a lot of prayers, ika nga, hehehehe......

[Roubaix]

Cyber_pinoy, totoybola:

 

We are forgetting the actual practice of labor law. If the laborer is the one at fault, compassionate justice will overrule the technicality.

 

If the missing requirement was due to the fault of a big law firm representing a SM type  firm, then the technical rules might be enforced.

 

Cybs, which side are you ba? Arbiter or Commission level?

 

Good luck na lang.

 

Godspeed 

I'm for the complainant. In my initiatory pleading, I gave a certificate of non-forum shopping. In the perfection of an appeal in the commission level, there was an oversight and inadvertence of not submitting again a certificate of non-forum shopping.

 

Doctrine of Substantial Compliance na lang defense ko. And a lot of prayers, ika nga, hehehehe......

Pareng Cybs,

 

Since you are representing the complainant, I am assuming that you are for the laborer. Justice will be on your side.

 

In the sad event you have to make an MR, just go with the doctrince of Pres. Magsaysay: Those who less in life should have more in law. Well, something like that.