Case Digest: OSM Shipping Philippines v. NLRC, G.R. No. 138193, March 5, 2003

Labor Law | Appeal 

  • Fermin F. Guerrero filed a Complaint against OSM Shipping Philippines, Inc. and Philippine Carrier Shipping Agency Services Co. for illegal dismissal and non-payment of salaries, overtime pay, and vacation pay.
  • Guerrero was hired by OSM to work as a Master Mariner on the vessel MN 'Princess Hoa' for a contract period of ten months with specified salary and allowances.
  • Guerrero claimed that he was not paid any compensation during his seven months of service and was forced to disembark due to financial difficulties.
  • OSM argued that Concorde Pacific appointed Philippine Carrier Shipping Agency Services Co. (PC-SASCO) as ship manager, and a Crew Agreement was made with PC-SASCO for crew documentation. The ship's owner changed plans, converted the vessel to Philippine registry, and bareboat chartered it to Philippine Carrier Shipping Lines Co. (PCSLC).
  • Due to these changes, OSM asserted that PCSLC became the disponent owner/employer responsible for Guerrero's wages.
  • Labor Arbiter: Ruled in favor of Guerrero, ordering OSM and PC-SASCO to pay his unpaid salaries, allowances, overtime pay, vacation leave pay, and termination pay.
  • NLRC: Affirmed the decision with a modification to the amount of liability.
  • CA: Dismissed the appeal for alleged non-compliance with Section 3 of Rule 46 of the Rules of Court. Specifically, petitioner had attached to its Petition, not a duplicate original or a certified true copy of the LA's Decision, but a mere machine copy thereof.

WoN the petitioner has complied with Section 3 of Rule 46 of the Rules of Court. YES

Petitioner puts at issue the proper interpretation of Section 3 of Rule 46 of the Rules of Court. Specifically, was petitioner required to attach a certified true copy of the LA's Decision to its Petition for Certiorari challenging the NLRC judgment?

Section 3 of Rule 46 does not require that all supporting papers and documents accompanying a petition be duplicate originals or certified true copies. Even under Rule 65 on certiorari and prohibition, petitions need to be accompanied only by duplicate originals or certified true copies of the questioned judgment, order or resolution. Other relevant documents and pleadings attached to it may be mere machine copies thereof. Numerous decisions issued by this Court emphasize that in appeals under Rule 45 and in original civil actions for certiorari under Rule 65 in relation to Rules 46 and 56, what is required to be certified is the copy of the questioned judgment, final order or resolution. Since the LA's Decision was not the questioned ruling, it did not have to be certified. What had to be certified was the NLRC Decision. And indeed it was.

As to the alleged missing address of private respondent, the indication by petitioner that Guerrero could be served with process care of his counsel was substantial compliance with the Rules.

This Court has held that the sending of pleadings to a party is not required, provided that the party is represented by counsel. This rule is founded on considerations of fair play, inasmuch as an attorney of record is engaged precisely because a party does not feel competent to deal with the intricacies of law and procedure.15 Both jurisprudence16 and the basics of procedure17 provide that when a party has appeared through counsel, service is to be made upon the latter, unless the court specifically orders that it be upon the party.

We also note that from the inception of the case at the LA's office, all pleadings addressed to private respondent had always been sent to his counsel, Atty. Danilo G. Macalino. Note that private respondent, who was employed as a seaman, was often out of his home. The service of pleadings and other court processes upon him personally would have been futile, as he would not have been around to receive them.

This Court has repeatedly held that while courts should meticulously observe the Rules, they should not be overly strict about procedural lapses that do not impair the proper administration of justice.18 Rather, procedural rules should be liberally construed to secure the just, speedy and inexpensive disposition of every action and proceeding.

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