Section 1 of Rule 65, 1997 Rules

Section 1 of Rule 65 of the same 1997 Rules, requires 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 pertinent and relevant thereto, and etc.” Here the only annexes in the petition at bench are the NLRC Resolution dated June 16, 1998 (Annex A, Petition) and the Order dated January 26, 1999 (Annex B, Petition) without the other material pleadings, such as the Complaint, position papers, memorandum of appeal and the motion for reconsideration dated July 31, 1998. Section 3 of Rule 46 of the said 1997 Rules, provides that such failure is a sufficient ground for the dismissal of the action.

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Labor Law, Remedial Law and tagged , . Bookmark the permalink.

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