This case has been cited 4 times or more.
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2014-07-23 |
PEREZ, J. |
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| We first tackle the procedural issue. Based on the records of this case, it is undisputed that the Order of the RTC Caloocan dated 31 August 2011 became final and executory on 11 October 2011, when the latter issued an Entry of Judgment for the same. The general rule is that a final and executory judgment can no longer be disturbed, altered, or modified in any respect, and that nothing further can be done but to execute it. A final and executory decision may, however, be invalidated via a Petition for Relief or a Petition to Annul the same under Rules 38 or 47, respectively, of the Rules of Court.[29] | |||||
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2008-04-16 |
AZCUNA, J. |
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| On January 7, 2003, respondent filed another Notice of Strike on the grounds of refusal to bargain and union busting.[35] Respondent thereafter went on strike on February 4, 2003. On February 7, 2003, the Labor Secretary certified the dispute to the NLRC and directed the employees to return to work.[36] The second certified case was docketed as NLRC NCR CC No. 00253-03. On September 8, 2003, the NLRC rendered a Decision[37] ordering petitioner to bargain collectively with respondent as the duly certified bargaining agent. In addition, it ordered the reinstatement of the employees who were dismissed in connection with the February 4, 2003 strike, without loss of seniority rights and diminution of salary.[38] Petitioner filed a motion for reconsideration but it was denied in the Resolution[39] dated January 26, 2004. The decision and resolution became the subject of a petition before the CA in CA-G.R. SP No. 82314. | |||||
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2008-04-16 |
AZCUNA, J. |
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| PUBLIC RESPONDENT NATIONAL LABOR RELATIONS COMMISSION GRAVELY ABUSED ITS DISCRETION IN ORDERING THE REINSTATEMENT OF THE EMPLOYEES WHO DEFIED THE RETURN TO WORK ORDER OF THE SECRETARY OF LABOR.[44] | |||||
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2008-04-16 |
AZCUNA, J. |
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| Petitioner maintains that it was erroneous on the part of the CA not to have reversed the NLRC decision[56] ordering the reinstatement of the employees which were dismissed in connection with the February 4, 2003 strike. It argues that since the termination of the employees was due to their refusal to comply with the return-to-work order issued by the Labor Secretary, not to their alleged participation in an illegal strike, the CA erred in affirming the decision.[57] | |||||