This case has been cited 3 times or more.
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2012-11-21 |
PERLAS-BERNABE, J. |
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| At the outset, the Court notes that petitioners are raising before the Court for the first time, the applicability of the principles of private international law and the labor standards laws of the Republic of China in the proper interpretation of respondents' employment contracts. Records show that petitioners never advanced this issue at the first opportunity before the Labor Arbiter, and even in the subsequent proceedings before the NLRC and the CA. Instead, petitioners' arguments consistently centered on the existence of a valid retrenchment and compliance with the requirements to legally effect the same. It bears stressing that issues not raised in the proceedings below cannot be raised for the first time on appeal.[17] Specifically, points of law, theories and arguments not raised before the appellate court will not be considered by the Court.[18] | |||||
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2008-09-25 |
NACHURA, J. |
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| While it is true that factual findings of administrative agencies that are affirmed by the CA are conclusive upon and generally not reviewable by this Court, the rule admits of the following exceptions, to wit: (1) when the findings are grounded entirely on speculation, surmises, or conjectures; (2) when the inference made is manifestly mistaken, absurd, or impossible; (3) when there is grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of fact are conflicting; (6) when the findings went beyond the issues of the case or are contrary to the admissions of the parties to the case; (7) when the findings are contrary to those of the trial court or the administrative agency; (8) when the findings are conclusions without citation of specific evidence on which they are based; (9) when the facts set forth in the pleadings are not disputed; (10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; and (11) when certain relevant facts not disputed by the parties were manifestly overlooked, which, if properly considered, would justify a different conclusion.[10] | |||||
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2008-07-28 |
AUSTRIA-MARTINEZ, J. |
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| The settled rule is that jurisdiction of this Court over petitions for review on certiorari under Rule 45 of the Rules of Court is limited to reviewing errors of law, not of fact. However, there are recognized exceptions to this rule, to wit: (1) when the findings are grounded entirely on speculation, surmises, or conjectures; (2) when the inference made is manifestly mistaken, absurd, or impossible; (3) when there is grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of facts are conflicting; (6) when in making its findings, the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee; (7) when the findings are contrary to those of the trial court; (8) when the findings are conclusions without citation of specific evidence on which they are based; (9) when the facts set forth in the petition as well as in the petitioner's main and reply briefs are not disputed by the respondent; (10) when the findings of facts are premised on the supposed absence of evidence and contradicted by the evidence on record; and (11) when the CA manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion.[11] The Court finds that the present case falls under the first, second and eighth exceptions. | |||||