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BPI vs CA, NLRC and Diar's Assistance Labor Union

BANK OF THE PHILIPPINE ISLANDS, petitioners, vs. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION and DIAR'S ASSISTANCE LABOR UNION, respondents.

G.R. No. 146923 | 2003-04-30

D E C I S I O N

PANGANIBAN, J.:

When a strict and literal application of the rules on non-forum shopping and verification will result in a patent denial of substantial justice, they may be liberally construed. This guideline is especially true when the petitioner has satisfactorily explained the lapse and fulfilled the requirements in its motion for reconsideration.

The Case

Before the Court is a Petition for Review[1] under Rule 45 of the Rules of Court, challenging the January 26, 2001 Resolution[2] of the Court of Appeals[3] (CA) in CA-GR SP No. 59858. The Resolution reads as follows:

"Up for consideration is petitioner's motion...