In addition, the respondents are hereby offered to pay the complainant, jointly and severally, in Philippine Currency, at the exchange rate prevailing at the time of payment, the complainants claim for attorneys fees equivalent to ten percent (10%) of the total amount awarded to the aforesaid employee under this Decision. Both parties appealed to the National Labor Relations Commission (NLRC).
The claims of the complainant for moral and exemplary damages are hereby DISMISSED for lack of merit. On June 15, 2000, the NLRC promulgated a decision affirming in part the Arbiters decision, thus: WHEREFORE, the Decision dated 15 July 1999 is MODIFIED.
Needless to state, the acceptance of a petition for certiorari as well as the grant of due course thereto is, in general, addressed to the sound discretion of the court. Although the court has absolute discretion to reject and dismiss a petition for certiorari, in general, it does so only (1) when the petition fails to demonstrate grave abuse of discretion by any court, agency, or branch of the government; One of these procedural errors is petitioners failure to accompany the petition with copies of all pleadings and documents relevant and pertinent thereto, the same procedural lapse committed by herein petitioner. L-24288, May 28, 1968, 23 SCRA 837 and Medrano & Associates, Inc. In any event, petitioner attached to his motion for reconsideration of the Court of Appeals Resolution (dismissing the petition for certiorari) the required copies of the pertinent and relevant pleadings and documents. But despite such submission, still the Court of Appeals denied his motion. Panganiban, held that cases should be determined on the merits, after full opportunity to all parties for ventilation of their causes and defenses, rather than on technicality or some procedural imperfections. 126745, July 26, 1999, 311 SCRA 143, 157, citing Udan vs. but the NLRC, in a resolution dated July 31, 2000, denied the same.
As a consequence, petitioner filed with the Court of Appeals a petition for certiorari alleging that the NLRC committed grave abuse of discretion in limiting the award of backwages to three (3) months and deleting the award for overtime and vacation leave pay, in violation of his constitutional right to due process, equal protection and non-impairment of contract.
We hold that petitioner substantially complied with the requirements set forth in Section 1, Rule 65 of the 1997 Rules of Civil Procedure. this Court held that (w)hat should guide judicial action is the principle that a party-litigant is to be given the fullest opportunity to establish the merits of his complaint or defense rather than for him to lose life, liberty, honor or property on technicalities.
Their strict and rigid application, which would result in technicalities that tend to frustrate rather than promote substantial justice, must always be eschewed.
The procedure is outlined in the following illustrations. *The screen shown appears when English is selected. After decompressing, save three files with the extensions ". *There are two datas: "Data1""Data2",and these cannot be saved in same CD-R or CD-RW media. To prevent this, turn off any devices that use the battery, such as lights, air conditioner, etc., and perform the update with leaving the engine running. The ‘AV MODE Selection screen’ shown on the right appears in the 2007 model. A version update progress screen will be displayed, and the update will begin. The screen will automatically return to the AV MODE screen. When the version update is completed, a message reading “CDDB update has completed.”* will appear on the screen.
This will complete the music information update process. *Screenshots may show items that are not displayed in some vehicle types. The screen will vary depending on which language setting you select. CDDB version information will be displayed as [xxxx-xxxx]. Save the target file "xxxx.zip" where "xxxx" is the version number. Although the ‘Back’ button appears on the bottom right of the screen in the 2006 model due to a defect, the screen will not change even if you click it. Please eject the disk and insert the version update disc created in Step 2 which contained data in "Data2.zip" in the disk slot. Press the "MODE" key to display the AV MODE screen. When the version update disk is detected, a button labeled [CDDB Updating] will be displayed in the lower-left corner of the AV MODE screen. The screen will automatically return to the AV MODE screen. The updated version of the Gracenote database will be displayed on the INFO screen under “Support Info”* You can check that the update has been successful by confirming that the last four digits of the CDDB data version match the version you installed.
It bears stressing at the outset that (c)ertiorari, being an extraordinary remedy, the party who seeks to avail of the same must strictly observe the rules laid down by 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.