O butifdenial

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Unformatted text preview: himsical
exercise
of
judgment
and
is
equivalent
to
lack
of
 jurisdiction.
Mere
abuse
of
discretion
is
not
enough
 o Power
is
exercised
in
an
arbitrary
or
despotic
manner
 Sole
office
of
Certiorari
 o The
sole
office
of
the
writ
of
certiorari
is
the
correction
of
 errors
 of
 jurisdiction
 including
 the
 commission
 of
 grave
 abuse
 of
 discretion
 amounting
 to
 lack
 or
 excess
 of
 jurisdiction
 Not
a
slave
to
technical
rules
 o Reyes
v.
NLRC
 Dismissed
employee
was
ordered
reinstated
by
the
 labor
 arbiter.
NLRC
 reversed.
On
 appeal
to
the
 CA,
 CA
dismissed
on
the
ground
that
he
did
not
serve
a
 copy
of
the
petition
to
the
adverse
party
 Liberal
 construction
 when
 the
 doing
 so
 would
 be
 in
 the
service
of
the
demands
of
substantial
justice
and
 in
the
exercise
of
the
equity
jurisdiction
of
this
Court
 Appeal
from
OSEC
to
CA;
St.
Martin
ruling
applies
 o Rulings
by
the
Office
of
the
Secretary
(OSEC)
of
DOLE
may
 be
appealed
to
the
CA,
not
the
SC
 o Instances
 of
 possible
 appeal
 to
 the
 CA
 from
 the
 DOLE
 Secretary:
 Under
 the
 rules
 governing
 local
 employment,
 regarding
 the
 regional
 director’s
 decisions
 on
 complaints
of
employment
agencies
 Compliance
 order
 in
 labor
 standards
 cases;
 rules
 on
 disposition
 of
 labor
 standard
 cases;
 execution
 on
occupational
health
and
safety
cases
 Denial
 of
 application
 for
 registration
 by
 BLR
 of
 registration
 of
 federation,
 national
 or
 industry
 union,
or
trade
union
center
 Cancellation
 of
 registration
 by
 BLR
 or
 Regional
 Office
 Order
 of
 a
 med‐arbiter
 on
 a
 petition
 for
 certification
 election
 or
 as
 to
 the
 results
 of
 a
 certificate
election
 Decision
 of
 the
 BLR
 regarding
 administration
 of
 union
funds
 Decisions
in
cases
of
assumption
of
jurisdiction
 Exhaustion
 of
 administrative
 remedies;
 motion
 for
 reconsideration
required
 o A
petition
for
certiorari
should
be
preceded
by
exhaustion
 of
administrative
remedies
 o • • • • • 26
 When
an
administrative
remedy
is
provided
by
law,
relief
 must
 be
 sought
 by
 first
 exhausting
 that
 remedy
 before
 seeking
judicial
intervention.
Failure
to
do
so
is
fatal
 o Exceptions
–

 When
the
issues
raised
is
one
or
purely
of
law
 Where
public
interest
is
involved
 In
cases
of
urgency
 Where
 special
 circumstances
 warrant
 immediate
 or
more
direct
action
 Where
 the
 controverted
 act
 is
 patently
 illegal
 or
 was
performed
without jurisdiction
or
in
excess
of
 jurisdiction
 o Despite
 the
 jurisprudence
 insisting
 on
 exhaustion
 of
 remedies,
the
DOLE
department
order
states:
The
decision
 of
the
Secretary
shall
become
final
and
executory
after
10
 days
 from
 receipt
 thereof
 by
 the
 parties.
 No
 motion
 for
 reconsideration
of
the
decision
shall
be
entertained.
 19. Certificate
of
non­forum
shopping
 • Forum
 shopping
 is
 the
 act
 or
 attempt
 to
 present
 the
 same
 dispute
 to
 different
 adjudicators
 in
 the
 hope
 of
 securing
 a
 favorable
 ruling.
 It
 is
 not
allowed
because
it
mocks
the
basic
tenet
that
one
dispute
ought
to
 be
litigated
only
once
in
only
one
forum
 • Failure
 to
 comply
 with
 the
 requirements
 concerning
 the
 certification
 against
 forum
 shopping
 shall
 be
 cause
 for
 the
 dismissal
 of
 the
 case
 without
 prejudice,
 unless
 otherwise
 provided,
 upon
 motion
 and
 after
 hearing
 • Certification
of
non­forum
shopping
must
be
made
by
petitioner
 o Santos,
et
al
v.
CA
 Section
 3,
 Rule
 46
 of
 the
 Rules
 of
 Court
 –
 certification
 must
 be
 made
 by
 petitioner
 himself
 and
 not
 by
 counsel
 since
 it
 is
 petitioner
 who
 is
 in
 the
 best
 position
 to
 know
 whether
 he
 has
 previously
commenced
any
similar
action
involving
 the
same
issues
in
any
other
tribunal
or
agency
 20. Disposition
by
the
CA
 • Remand
 o Where
 the
 appraisal
 of
 the
 NLRC
 and
 the
 labor
 arbiter
 lacks
 precision,
 givin...
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This document was uploaded on 03/11/2014.

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