Inciong 40 petitioners the disaffiliating union

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: g
 rise
 to
 an
 ambiguity
 that
 lends
 plausibility
 to
 a
 petition
 for
 certiorari,
 and
 there
 are
 matters
 regarding
 the
 quitclaim
 that
 still
 need
 to
 be
 clarified,
equity
calls
for
a
remand
of
the
case
to
the
NLRC
 for
an
ascertainment
of
greater
detail
of
the
circumstances
 surrounding
the
execution
of
the
quitclaim
 • Dismissal
of
appeal
 o Even
 if
 appeal
 is
 still
 pending
 with
 NLRC,
 if
 the
 SC
 or
 CA
 finds
 that
 the
 appeal
 was
 filed
 late
 and
 it
 was
 patently
 dilatory,
 it
 may
 be
 constrained
 to
 order
 the
 NLRC
 to
 dismiss
the
appeal
 • Findings
of
facts
generally
final
 Findings
of
administrative
agencies
are
accorded
not
only
 respect
but
even
finality
 o If
 the
 findings
 of
 fact
 is
 unsupported
 by
 substantial
 and
 credible
evidence
do
not
bind
the
SC
or
CA,
neither
will
it
 uphold
 erroneous
 conclusions
 of
 the
 NLRC
 when
 it
 finds
 that
the
latter
committed
grave
abuse
of
discretion
 • Exceptions
re:
SC
is
not
a
trier
of
facts
 o When
 the
 findings
 are
 grounded
 entirely
 on
 speculation,
 surmises
or
conjectures
 o When
 the
 inference
 made
 is
 manifestly
 mistaken,
 absurd
 or
impossible
 o When
there
is
grave
abuse
of
discretion
 o When
the
judgment
is
based
on
a
misapprehension
of
facts
 o When
the
findings
of
facts
are
conflicting
 o When
 in
 making
 its
 findings
 the
 CA
 went
 beyond
 the
 issues
 of
 the
 case,
 or
 its
 findings
 are
 contrary
 to
 the
 admissions
of
both
the
appellant
and
the
appellee
 o When
the
findings
are
contrary
to
the
trial
court
 o When
 the
 findings
 are
 conclusions
 without
 citation
 of
 specific
evidence
on
which
they
are
based
 o When
 the
 facts
 set
 forth
 in
 the
 petition
 as
 well
 as
 in
 the
 petitioner’s
main
and
reply
briefs
are
not
disputed
by
the
 respondent
 o When
 the
 findings
 of
 fact
 are
 premised
 on
 the
 supposed
 absence
 of
 evidence
 and
 contradicted
 by
 the
 evidence
 on
 record
 o When
the
CA
manifestly
overlooked
certain
relevant
facts
 not
disputed
by
the
parties,
which,
if
properly
considered
 would
justify
a
different
conclusion
 • Examples:
some
findings
of
fact
reversed
 21. From
CA
to
SC:
only
question
of
law,
Rule
45
 • To
appeal
to
the
SC,
the
proper
remedy
is
a
petition
 for
review
under
 Rule
 45
 of
 the
 Rules
 of
 Court.
 Such
 petition
 for
 review
 on
 certiorari
 can
 raise
 only
 questions
 of
 law.
 It
 must
 be
 filed
 within
 15
 days
 from
 notice
of
the
judgment
or
final
order
or
resolution
appealed
from,
or
of
 the
denial
of
the
petitioner’s
MNT
or
MR
 • Where
 the
 appealing
 party
 failed
 to
 file
 the
 petition
 under
 Rule
 45
 within
the
said
15
days,
the
petition
for
certiorari,
in
the
nature
of
SCA,
 is
not
available
 o Lalay
Abala.
ALS2014B.
Labor
II.
 o 
 Article
224.
Execution
of
decisions,
orders
or
awards.
 1. Execution
 • Writ
 of
 execution
 is
 an
 order
 to
 carry
 out,
 to
 implement,
 a
 final
 judgment
 • Writ
of
execution
may
be
issued
by
the
following
officials
for
the
final
 decisions,
orders
or
awards
promulgated
by
them:
 o Secretary
of
Labor
and
Employment
 27
 2. o DOLE
Regional
Director
 o NLRC
 o Labor
Arbiter
 o Med‐Arbiter
 o Voluntary
Arbitrator;
or
 o Panel
of
Arbitrators
 • Writ
 of
 execution
 on
 a
 judgment
 may
 be
 issued
 motu
 proprio
 OR
 on
 motion
 of
 any
 interested
 party
 within
 5
 years
 from
 the
 date
 it
 becomes
final
and
executory
 • Execution
is
done
through
the
regular
or
special
sheriff
 o But
 Secretary,
 Commission,
 any
 Labor
 Arbiter,
 the
 Regional
 Director
 or
 the
 Director
 of
 the
 Bureau
 of
 Labor
 Relations
 in
 appropriate
 cases
 may
 deputize
 the
 PNP
 or
 any
 other
 law
 enforcement
 agencies
 in
 enforcement
 of
 final
awards,
orders
or
decisions
 • Both
party
and
counsel
should
be
notified
 o In
 labor
 cases,
 both
 the
 party
 AND
 its
 counsel
 must
 be
 duly
served
their
separate
copies
of
the
order,
decision,
or
 resolution,
 unlike
 in
 ordinary
 judicial
 proceedings
 where
 notice
to
counsel
is
deemed
notice
to
the
party
 • Article
224
is
execution,
not
appea...
View Full Document

Ask a homework question - tutors are online