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MANILA HOTEL CORPORATION vs. COURT OF APPEALS
MANILA HOTEL CORPORATION vs. COURT OF APPEALS
YNARES-SANTIAGO, J.:
FACTS:
Samuel Acordo was hired as Food and Beverage Director by the
Manila Hotel. His services was however terminated on ground of loss of
confidence and failure to improve the profitability of its operations.
Respondent filed a complaint for illegal dismissal. The complaint was
dismissed by Labor Arbiter. It was however reversed by the NLRC.
ISSUE:
Whether or not failure of the petitioner to comply with the
requirements shall be sufficient ground for the dismissal of the petition.
HELD:
The failure of the petitioner to comply with any of the foregoing
requirements shall be sufficient ground for the dismissal of the petition.
Pertinent portion of Rule 65, Section 1 and Rule 46, Section 3 of
the 1997 Rules of Civil Procedure, provide:
Section 1. Petition for certiorari. 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.
WHEREFORE, in view of all the foregoing, the petition is
DENIED. The appealed Resolutions of the Court of Appeals in CA-G.R.
SP No. 57760 are AFFIRMED.