This case has been cited 3 times or more.
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2014-08-06 |
PEREZ, J. |
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| Hence, this Petition for Review, which, while it presents the need to look into the matter of petitioner's dismissal, goes into the question of whether or not the NLRC committed grave abuse of discretion in reversing the ruling of the Labor Arbiter, this being the issue in the petition for certiorari under Rule 65 before the CA. The ruling in Mercado v. AMA Computer College-Parañaque City, Inc.[9] citing Protacio v. Laya Mananghaya & Co.[10] is apropos: As a general rule, in certiorari proceedings under Rule 65 of the Rules of Court, the appellate court does not assess and weigh the sufficiency of evidence upon which the Labor Arbiter and the NLRC based their conclusion. The query in this proceeding is limited to the determination of whether or not the NLRC acted without or in excess of its jurisdiction or with grave abuse of discretion in rendering its decision. However, as an exception, the appellate court may examine and measure the factual findings of the NLRC if the same are not supported by substantial evidence. The Court has not hesitated to affirm the appellate court's reversals of the decisions of labor tribunals if they are not supported by substantial evidence. [Underscoring supplied] | |||||
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2013-12-04 |
PERLAS-BERNABE, J. |
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| In labor disputes, the NLRC's findings are said to be tainted with grave abuse of discretion when its conclusions are not supported by substantial evidence. As held in the case of Mercado v. AMA Computer College-Parañaque City, Inc.,[42] citing Protacio v. Laya Mananghaya & Co.:[43] | |||||
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2010-04-13 |
BRION, J. |
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| We agree with the petitioners that, as a rule in certiorari proceedings under Rule 65 of the Rules of Court, the CA does not assess and weigh each piece of evidence introduced in the case. The CA only examines the factual findings of the NLRC to determine whether or not the conclusions are supported by substantial evidence whose absence points to grave abuse of discretion amounting to lack or excess of jurisdiction.[24] In the recent case of Protacio v. Laya Mananghaya & Co.,[25] we emphasized that: As a general rule, in certiorari proceedings under Rule 65 of the Rules of Court, the appellate court does not assess and weigh the sufficiency of evidence upon which the Labor Arbiter and the NLRC based their conclusion. The query in this proceeding is limited to the determination of whether or not the NLRC acted without or in excess of its jurisdiction or with grave abuse of discretion in rendering its decision. However, as an exception, the appellate court may examine and measure the factual findings of the NLRC if the same are not supported by substantial evidence. The Court has not hesitated to affirm the appellate court's reversals of the decisions of labor tribunals if they are not supported by substantial evidence. [Emphasis supplied] | |||||