This case has been cited 2 times or more.
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2010-08-09 |
CARPIO MORALES, J. |
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| Citing R & E Transport, Inc. v. Latag,[4] the NLRC held that since petitioner was paid on purely commission basis, he was excluded from the coverage of the laws on 13th month pay and SIL pay, hence, the 1/12 of the 13th month pay and the 5-day SIL should not be factored in the computation of his retirement pay. | |||||
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2009-09-08 |
PERALTA, J. |
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| Petitioner's argument that the CA erred and abused its discretion in reversing the findings of the Labor Arbiter and the NLRC, as it is the court's policy of non-interference in the exercise of the adjudicatory functions of the administrative bodies, is devoid of merit. We agree with petitioner that factual findings of quasi-judicial and administrative bodies are accorded great respect and even finality by the courts. However, this rule is not absolute. When there is a showing that the factual findings of administrative bodies were arrived at arbitrarily or in disregard of the evidence on record, they may be examined by the courts. The CA can grant the petition for certiorari if it finds that the NLRC, in its assailed decision or resolution, made a factual finding not supported by substantial evidence. It is within the jurisdiction of the CA, whose jurisdiction over labor cases has been expanded to review the findings of the NLRC. In R & E Transport, Inc. v. Latag,[20] we held: The power of the CA to review NLRC decisions via a Rule 65 petition is now a settled issue. As early as St. Martin Funeral Homes v. NLRC, we have definitively ruled that the proper remedy to ask for the review of a decision of the NLRC is a special civil action for certiorari under Rule 65 of the Rules of Court, and that such petition should be filed with the CA in strict observance of the doctrine on the hierarchy of courts. Moreover, it has already been explained that under Section 9 of Batas Pambansa (BP) 129, as amended by Republic Act 7902, the CA - pursuant to the exercise of its original jurisdiction over petitions for certiorari - was specifically given the power to pass upon the evidence, if and when necessary, to resolve factual issues.[21] | |||||