This case has been cited 1 times or more.
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2003-10-17 |
AUSTRIA-MARTINEZ, J. |
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| On December 20, 1999, petitioner Saguemuller filed before the NLRC a Motion to Stay Execution on the ground of absolute nullity of decision. But, without awaiting the resolution of its pending motion with the NLRC, petitioner Saguemuller together with Elcee Farms filed on January 4, 2000, a petition for annulment of judgment[23] with the Court of Appeals on the following grounds: a) The resolution awards damages in favor of persons or alleged claimants who never pursued their complaints. b) The Resolu tion considered evidence for the first time on appeal. c) The Resolution considered alleged factual circumstances that were never presented during the hearing of the case. d) The Resolution rendered judgment against a person who clearly was not an employer nor even an employee of the employer corporation. e) The Resolution awarded damages without basis in law or in fact. f) The Resolution modified the Decision that was already final. g) The Resolution ennobled a prescribed claim. [24] The petitioners reiterated the foregoing grounds for annulment in their Memorandum[25] dated July 31, 2000 filed with the Court of Appeals and for the first time, interjected that there was extrinsic fraud in the proceedings before the Supreme Court claiming that the Resolution dated November 12, 1997 of the First Division of this Court which required them to pay the cost and to submit their Memorandum was sent at 2nd floor, Jocson Building, B.S. Aquino Drive, 6100, Bacolod City, Negros Occidental instead of Mario Building, P. Hernaez Street, 6100 Bacolod City, Negros Occidental, the address provided for in the petition for certiorari; as a result of which, they failed to receive the Resolution and for non-compliance, the First Division dismissed the petition.[26] | |||||