This case has been cited 5 times or more.
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2011-08-09 |
PERALTA, J. |
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| Respondent's argument is unfounded. The proper remedy of a party aggrieved by a decision of the CA is a petition for review on certiorari under Rule 45, which is not identical to a petition for certiorari under Rule 65. Rule 45 provides that decisions, final orders or resolutions of the CA in any case, i.e., regardless of the nature of the action or proceedings involved, may be appealed to Us by filing a petition for review on certiorari, which would be but a continuation of the appellate process over the original case.[29] Therefore, petitioners' filing of the present petition for review on certiorari under Rule 45 is the proper and adequate remedy to challenge the Decision dated June 24, 2004 and Resolution dated February 23, 2005 of the CA. | |||||
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2011-03-23 |
PERALTA, J. |
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| At the outset, it bears emphasis that in a petition for review on certiorari under Rule 45 of the Rules of Court, only questions of law may be raised by the parties and passed upon by this Court.[6] It is a settled rule that in the exercise of this Court's power of review, it does not inquire into the sufficiency of the evidence presented, consistent with the rule that this Court is not a trier of facts.[7] In the instant case, a perusal of the errors assigned by petitioners would readily show that they are raising factual issues the resolution of which requires the examination of evidence. Certainly, issues which are being raised in the present petition, such as the questions of whether the issue of physical possession is already included as one of the issues in a case earlier filed by petitioner Anita and her husband, as well as whether respondent complied with the law and rules on barangay conciliation, are factual in nature. | |||||
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2011-01-12 |
PERALTA, J. |
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| However, equally settled is the rule that factual findings of labor officials, who are deemed to have acquired expertise in matters within their jurisdiction, are generally accorded not only respect but even finality by the courts when supported by substantial evidence, i.e., the amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.[14] But these findings are not infallible. When there is a showing that they were arrived at arbitrarily or in disregard of the evidence on record, they may be examined by the courts.[15] 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.[16] It is within the jurisdiction of the CA, whose jurisdiction over labor cases has been expanded to review the findings of the NLRC.[17] | |||||
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2010-09-29 |
DEL CASTILLO, J. |
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| At the outset, the power of the CA to review a decision of the NLRC "in a petition for certiorari under Rule 65 of the Rules of Court does not normally include an inquiry into the correctness of the NLRC's evaluation of the evidence."[21] However, under certain circumstances, the CA is allowed to review the factual findings or the legal conclusions of the NLRC in order to determine whether these findings are supported by the evidence presented and the conclusions derived therefrom are accurately ascertained.[22] It has been held that "[i]t is within the jurisdiction of the CA x x x to review the findings of the NLRC."[23] | |||||