Any specific occupational

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: 
 Commission
 shall
 not
 be
 entertained
 except
 when
 based
 on
 palpable
 or
 patent
 errors;
 provided
 that
 the
 motion
 is
 under
 oath
 and
 filed
 within
 ten
 (10)
 calendar
 days
 from
 receipt
 of
 decision,
 resolution
 or
 order,
 with
 proof
 of
 service
 that
 a
 copy
 of
 the
 same
 has
 been
 furnished,
 within
 the
 reglementary
 period,
 the
 adverse
 party;
 and
 provided
further,
that
only
one
such
motion
from
the
same
party
shall
 be
entertained.
 • Should
 a
 motion
 for
 reconsideration
 be
 entertained
 pursuant
 to
 this
 section,
the
resolution
shall
be
executory
after
ten
(10)
calendar
days
 from
receipt
thereof.
 • NLRC
rules
does
not
allow
second
MR
 • Supplemental
 MR
 filed
 outside
 the
 10
 day
 appeal
 period
 cannot
 be
 entertained
 • Party
who
failed
to
appeal
on
time
from
decision
of
labor
arbiter
 may
still
file
MR
of
NLRC
decision
 o Sadol
v.
Pilipinas
Kao,
Inc.
 Sadol
was
employed
by
Pilipinas
Kao,
Inc.
(PKI).
He
 claims
he
was
summarily
dismissed
and
thus
filed
a
 complaint
 for
 reinstatement
 and
 backwages.
 Private
 respondents
 was
 ordered
 by
 the
 labor
 arbiter
to
pay
separation
pay
 NLRC
 modified
 the
 decision,
 ordered
 reinstatement.
 Appeal
 of
 PKI
 was
 dismissed
 for
 being
 filed
 out
 of
 time.
 PKI
 received
 a
 copy
 of
 the
 25
 decision
 of
 the
 NLRC
 thereafter.
 MR
 was
 filed.
 NLRC
dismissed
the
case
 Party
 who
 failed
 to
 appeal
 from
 a
 decision
 of
 the
 Labor
 Arbiter
 to
 the
 NLRC
 can
 still
 participate
 in
 a
 separate
appeal
timely
filed
by
the
adverse
party
by
 a
MR
of
the
decision
of
the
NLRC
on
appeal
 Having
lost
the
right
to
appeal,
can
PKI
file
a
MR
of
 said
decision?
Yes.
Rules
of
technicality
must
yield
 to
the
broader
interest
of
justice
 17. Certified
cases
 18. Appeal
from
the
NLRC
 • Review
by
Certiorari
by
the
CA;
the
St.
Martin
case
 o St.
Martin
Funeral
Homes
v.
NLRC
 Issue
involved
was
whether
or
not
the
respondent
 was
a
employee
of
the
petitioner
 SC
 did
 not
 answer
 the
 question
 and
 referred
 the
 matter
to
the
CA
 Court
noted
that
the
present
laws
provide
no
appeals
 from
NLRC
decisions.
RA
7902’s
purpose
was
to
ease
 the
workload
of
the
SC
by
the
transfer
of
some
of
its
 burden
of
review
of
factual
issues
to
the
CA
 Appeals
from
the
NLRC
to
the
SC
are
interpreted
and
 hereby
 declared
 to
 mean
 and
 refer
 to
 petitions
 for
 ceritorari
under
Rule
65.
All
such
petitions
should
be
 initially
filed
in
the
CA.
 In
a
nutshell
–
 Way
to
review
NLRC
decisions
is
through
 SCA
of
certiorari
under
Rule
65
 Jurisdiction
 over
 such
 action
 belongs
 to
 both
the
SC
and
CA;
BUT
 In
 line
 with
 the
 doctrine
 on
 hierarchy
 of
 courts,
 the
 petition
 should
 be
 initially
 presented
 to
 the
 lower
 of
 the
 2
 courts,
 that
is
the
CA
 • When
and
where
to
file
petition
 o Filed
 not
 later
 than
 60
 days
 from
 notice
 of
 judgment,
 order,
or
resolution
sought
to
be
assailed
 o In
case
a
MR
or
MNT
is
timely
filed,
whether
such
motion
 is
required
or
not,
the
60
day
period
shall
be
counted
from
 notice
of
the
denial
of
said
motion
 o 60
day
period
must
be
carefully
observed
 o In
 such
 appeals,
 a
 certified
 copy
 of
 the
 questioned
 judgment,
final
order
or
resolution
is
required
 • Effect
on
NLRC’s
decision
 o Petition
 for
 certiorari
 shall
 not
 stay
 the
 execution
 of
 the
 assailed
decision
of
the
NLRC
unless
a
TRO
is
issued
by
the
 CA
or
SC
 • Appeal
to
Labor
Secretary
abolished
 • Grounds
for
certiorari
 o See
requisites
in
Triad
Security
v.
Ortega
 Lalay
Abala.
ALS2014B.
Labor
II.
 Party
 prays
 that
 judgment
 be
 rendered
 annulling
 or
 modifying
 the
 proceedings,
 as
 the
 law,
 requires
 of
 such
 tribunal,
board
or
officer
 “Grave
abuse
of
discretion”
 o By
 grave
 abuse
 of
 discretion
 is
 meant
 capricious
 and
 w...
View Full Document

This document was uploaded on 03/11/2014.

Ask a homework question - tutors are online