In such a case

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Unformatted text preview: to
 write
a
dissenting
opinion,
he
may
file
the
same
within
the
 period
 prescribed
 for
 deciding
 or
 resolving
 the
 appeal;
 24
 otherwise,
 such
 written
 dissenting
 opinion
 shall
 not
 be
 considered
part
of
the
records
of
the
case.
 Inhibition
 o No
motion
to
inhibit
the
entire
Division
of
the
Commission
 shall
 be
 entertained.
 However,
 any
 Commissioner
 may
 inhibit
 himself
 from
 the
 consideration
 and
 resolution
 of
 any
case
or
matter
before
the
Division
and
shall
so
state
in
 writing
 the
 legal
 or
 justifiable
 grounds
 therefor.
 In
 the
 event
 that
 a
 member
 inhibits
 himself,
 the
 case
 shall
 be
 raffled
by
the
Executive
Clerk
or
Deputy
Executive
Clerk
to
 either
 of
 the
 two
 (2)
 remaining
 Commissioners.
 In
 case
 two
(2)
Commissioners
in
a
Division
inhibit
themselves
in
 a
 case
 or
 matter
 before
 it,
 the
 Chairman
 shall,
 as
 far
 as
 practicable,
 appoint
 two
 (2)
 Commissioners
 from
 other
 Divisions
 representing
 the
 sector
 of
 the
 Commissioners
 who
inhibited
themselves
 14. Form
of
decision,
resolution
and
order
 • The
 decision,
 resolution
 and
 order
 of
 the
 Commission
 shall
 state
 clearly
 and
 distinctly
 the
 findings
 of
 facts,
 issues,
 and
 conclusions
 of
 law
on
which
it
is
based,
and
the
relief
granted,
if
any.
If
the
decision,
 resolution
or
order
involves
monetary
awards,
the
same
shall
contain
 the
specific
amount
awarded
as
of
the
date
the
decision
is
rendered
 • Commission
 shall
 decide
 all
 cases
 within
 20
 calendar
 days
 from
 receipt
of
the
answer
of
the
appellee
 • Decision
 of
 Commission
 shall
 be
 final
 and
 executory
 after
 10
 days
 from
receipt
by
the
parties
 • Any
enforcement
agency
may
be
deputized
by
 the
Secretary
of
Labor
 or
the
Commission
in
the
enforcement
of
decision,
awards,
orders
 • Reasoned
reversal
 o It
 stands
 to
 reason
 that
 NLRC
 should
 state
 an
 acceptable
 cause
for
setting
aside
labor
aribter’s
findings
 o It
would
otherwise
be
a
whimsical,
capricious,
oppressive,
 unreasonable
 exercise
 of
 quasi‐judicial
 prerogative,
 subject
 to
 invalidation
 by
 the
 extraordinary
 writ
 of
 certiorari
 • Extended
meaning
of
“appeal”
under
Article
223;
NLRC
may
issue
 writ
of
Certiorari
 o Triad
Security
v.
Ortega
 For
a
petition
for
certiorari
to
prosper,
requisites
–
 Writ
 is
 directed
 against
 a
 tribunal,
 board,
 or
 officer
 exercising
 judicial
 or
 quasi­ judicial
functions
 Tribunal,
 board,
 officer
 has
 acted
 without
 or
 in
 excess
 of
 jurisdiction
 or
 with
 grave
 abuse
 of
 discretion
 amounting
 to
 lack
 or
 excess
of
jurisdiction
 There
is
no
appeal
or
any
plain
speedy
and
 adequate
remedy
in
the
ordinary
course
of
 law
 • Lalay
Abala.
ALS2014B.
Labor
II.
 Abuse
of
discretion
is
admittedly
within
the
abmit
of
 certiorari
and
its
grant
thereof
to
the
NLRC
indicates
 the
lawmakers’
intention
to
broaden
the
meaning
of
 appeal
as
that
term
is
used
in
the
Code
 Being
 the
 administrative
 agency
 tasked
 with
 the
 review
of
labor
cases,
the
NLRC
is
in
a
better
position
 to
 determine
 whether
 grounds
 for
 certiorari
 are
 meritorious
 Hence,
 NLRC
 has
 authority
 to
 rule
 on
 a
 matter
 involving
 grave
 abuse
 of
 discretion
 that
 may
 be
 committed
by
a
labor
arbiter
 15. Finality
of
decision
of
the
Commission
and
entry
of
final
judgment
 • Finality
 of
 the
 Decisions,
 Resolutions
 or
 Orders
 of
 the
 Commission.
 ‐
 Except
as
provided
in
Section
9
of
Rule
X,
the
decisions,
resolutions
or
 orders
 of
 the
 Commission
 shall
 become
 final
 and
 executory
 after
 ten
 (10)
calendar
days
from
receipt
thereof
by
the
parties.
 • Entry
of
Judgment.
 ‐
Upon
the
expiration
of
the
ten
(10)
calendar
day
 period,
the
decision,
resolution,
or
order
shall
be
entered
in
a
book
of
 entries
of
judgment.
 • The
 Executive
 Clerk
 or
 Deputy
 Executive
 Clerk
 shall
 consider
 the
 decision,
 resolution
 or
 order
 as
 final
 and
 executory
 after
 sixty
 (60)
 calendar
 days
 from
 date
 of
 mailing
 in
 the
 absence
 of
 return
 cards,
 certifications
from
the
post
office,
or
other
proof
of
service
to
parties.
 16. Motions
for
reconsideration
 • Motion
for
reconsideration
of
any
decision,
resolution
or
order
of
the...
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