This case has been cited 1 times or more.
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2008-09-11 |
REYES, R.T., J. |
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| The correct remedy that should have been availed of is the special civil action of certiorari under Rule 65. As this Court held in the case of Pure Foods Corporation v. NLRC,[39] "the party may also seasonably avail of the special civil action for certiorari, where the tribunal, board or officer exercising judicial functions has acted without or in excess of its jurisdiction, or with grave abuse of discretion, and praying that judgment be rendered annulling or modifying the proceedings, as the law requires, of such tribunal, board or officer."[40] In any case, St. Martin Funeral Homes v. National Labor Relations Commission[41] settled any doubt as to the manner of elevating decisions of the NLRC to the CA by holding that "the legislative intendment was that the special civil action of certiorari was and still is the proper vehicle for judicial review of decisions of the NLRC."[42] | |||||