REPUBLIC OF THE PHILIPPINES
SUPREME COURT
MANILA
ABC COMPANY
PRESIDENT ROSCO SERRANO,
Petitioner,
-versus- C.A. GR. No. 123
HON. JUSTIN NIEVERRA COURT OF APPEALS
GUDOY, ET. AL
Respondents,
x------------------------------------------------------------x
PETITION
PETITIONER, ABC COMPANY, thru the undersigned counsel, respectfully states and
alleges that:
I. NATURE OF THE PETITION
1. This is a petition for Certiorari under Rule 45 of the Rules of Court assailing the resolution of
the Court of Appeals denying the petition of ABC Company;
2. That petitioner was unable to timely file the Motion for Reconsideration of such resolution of
the Court of Appeals. Unfortunately CA denied said motion on its resolution dated. December
13, 2024;
3. That petitioner is now assailing the propriety of the CA decision in dismissing the motion and
hereby raise pure questions of law, considering that there is no plain, speedy and adequate
remedy available in the ordinary course of law; hence, this petiton.
II. THE PARTIES
4. That petitioner is a corporation duly organized and registered under the laws of the Philippines
represented by its President, ROSCO SERRANO, of legal age, Filipino, Single, with an officer
address at #1 Quezon City, Metro Manila where he may be served the summons and other
processes of this Honorable Court.
5.. Hon. JUSTIN NIEVERRA of legal age, Filipino with postal address at COURT OF
APPEALS, Quezon City, where he may be served the summons and other processes of this
Honorable Court.
III. FACTS OF THE CASE
6. In 2024, the Defendant, GUDOY, joined the rally of the workers against the management. Due
to this charge, they were summarily dismissed by the company. Gudoy filed a complaint for
illegal dismissal to the Labor Arbiter. He alleged that he was not afforded due process because he
was not given any notice in violation of the two-notice rule by the Labor Code and management
should pay him amount equivalent to the number of years that he worked for the company which
is ten years;
7. The Labor Arbiter ruled in favor of Gudoy, et. Al.
8. That ABC COMPANY appealed to CA but the latter sustained decision of the Labor Arbiter;
9. That a timely Motion for Reconsideration was filed before the NLRC but was denied.
IV. ISSUE
10. The CA erred and gravely abused its discretion in a capricious, whimsical arbitrary of
despotic manner in the exercise of their jurisdiction equivalent to lack of jurisdiction for ABC
Company validly carried out its retrenchment program which effectively severed the concerned
employees employment with the company. For lack of factual and legal basis, the CA struck
down its decision against the Corporation.
V. DISCUSSION
11. The CA gravely abused its discretion in a capricious, whimsical arbitrary or despotic manner
in the exercise of its jurisdiction when it ruled that the severance of the employment of the
employees were not valid. Article 283 of the Labor Code provides that an employer may be
terminate the employment of any employee due to retrenchment to prevent losses. This ground
was well provided in the petition as well as the Motion for Reconsideration timely filed which
the CA failed to give credence.
VI. PRAYER
WHEREFORE, premises considered, petitioner respectfully prays that an order be issued
reversing the CA, decision denying the Motion for Reconsideration of ABC Company., and
deciding on the merits of the case, finding that the retrenchment of the employees was valid.
Respectfully submitted this December 13, 2024 at Manila City Philippines.
NOTARY PUBLIC
MICHAEL C. ARGABIOSO
UNTIL DECEMBER 2025
PTR NO. 12345-MANILA
IBP NO. PTR NO. 12345-MANILA
ROLL NO. 12345
ADM. MATTER NO. 12345
TIN NO. 12345
MCLE NO.1234
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
Republic of the Philippines) S.S.
Manila City )
I, ROSCO SERRANO, of legal age, Filipino citizens and with postal address with
Quezon City. After having been sworn to in accordance with law hereby depose and say:
1. That I the defendant in the above-entitled case;
2. That I have caused the preparation of the foregoing ANSWER and that the
contents thereof are true and correct of my own personal knowledge and based
authentic documents;
3. That I have not commenced any other action or proceeding involving the same
issues in this Honorable Court.
SUBSCRIBED AND SWORN TO before me this DECEMBER 13, 2024 at Manila City
Doc. No. 111: NOTARY PUBLIC
Page No. 222: MICHAEL C. ARGABIOSO
Book No. 333: UNTIL DECEMBER 2025
Series of 2024 PTR NO. 12345-MANILA
IBP NO. PTR NO. 12345-
MANILA
ROLL NO. 12345
ADM. MATTER NO. 12345
TIN NO. 12345
MCLE NO.12345
