ABBOT vs.

ALCARAZ

The case at bar is a labor dispute between Abbot Lab who contracted Alcaraz as its
employee.
Alcaraz filed a case for illegal dismissal against Abbot
o LA denied Alcarazs case.
o NLRC reversed.
Petitioner filed a Petition for certiorari before the CA, alleging grave abuse of discretion
against NLRC.
Pending the said case, Alcaraz moved for the execution of the judgment of NLRC. Which
NLRC granted.
o Petitioners filed another Petition for certiorari alleging the propriety of the NLRC
decision.
Alcaraz claims that the existence of the pending appeal was not disclosed in the institution
of the subsequent appeal, thus violative of the Section 5, Rule 7 of the Rules of Court

ISSUE: WON petitioners have complied with the certification requirement.

RULING: YES. Section 5(b), Rule 7 of the Rules of Court requires that a plaintiff who files a case
should provide a complete statement of the present status of any pending case if the latter involves
the same issues as the one that was filed.

The determining factor is the fact that the two appeals cover dissimilar issues. Therefore,
petitioners did not have to disclose in the present petition the existence of another case.