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Micro sales v. NLRC Facts: Micro Sales Operation Network is a domestic corporation engaged in local transportation of goods by land. Willy Bendol was te company!s operations manager at te time of te controversy. "rivate respondents Larry #ermosa$ Leonardo de Castro$ and Ramil Basinillo were employed by te company as driver$ wareo%seman$ and elper$ respectively. &e tree were dismissed dismissed by te company company'' #ermoso for failing to s%rr s%rrender ender te ignition key of te company!s veicle$ (e Castro for )ring a g%n d%ring te blessing of te company!s wareo%se$ Basinillo for not wearing te employee *(. &%s$ on +ebr%ary +ebr%ary ,-$ ,$ ,$ #ermosa$ #ermosa$ de Castro$ Castro$ and Basinillo Basinillo collectively )led )led a complaint for illegal dismissal. &e Labor /rbiter fo%nd tat respondents were$ indeed$ illegally dismissed. On appeal$ te NLRC a0rmed te Labor /rbiter!s decision. 1nda%nted$ Micro Micro Sales )led wit te Co%rt of /ppeals a special civil action for certiorari. #owever$ te appellate court dismissed the petition for being defective in form. *t fo%nd tat only te company signed te veri)cation and certi)cation on non2 for%m sopping. Willy Willy Bendol did not sign te same. &%s$ te appellate co%rt r%led$ is fail%re to sign te veri)cation and certi)cation on non2for%m sopping is a gro%nd for te dismissal of te petition.
ISSUE: *s a defect in form 3fail%re to sign te veri)cation and certi)cation on non2 for%m sopping4 a gro%nd for te dismissal of te petition5 RULING: No. Bendol is clearly a mere nominal party in te case. &e re6%irement re6%irement regarding regarding veri)cation of a pleading is not 7%risdictional. 7%risdictional. S%c re6%irement re6%irement is simply a condition a8ecting te form of te pleading$ non2 compliance wit wic does not necessarily necessarily render te pleading fatally defective. *n te instant case$ te petitioners are te company and its operations manager$ Willy Bendol. &e latter was impleaded simply beca%se e was a co2respondent in te illegal dismissal complaint. #e as no interest in tis case separate and distinct from te company$ wic was te direct employer of private respondents. /ny award of reinstatement$ backwages$ and attorney!s fees in favor of private respondents will be enforced against te company as te real party in interest in an illegal dismissal case. "etitioner Bendol is clearly a mere nominal party in te case. #is fail%re to sign te veri)cation and certi)cation on non2for%m sopping is not a gro%nd for te dismissal of te petition. &e appellate co%rt erred in dismissing o%trigt petitioners! special civil action for certiorari solely on tat gro%nd.