This case has been cited 1 times or more.
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2007-04-23 |
CHICO-NAZARIO, J. |
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| WHETHER OR NOT PETITIONER'S ACCEPTANCE OF SEPARATION BENEFITS AMOUNTS TO A WAIVER OF HIS RIGHT TO QUESTION THE VALIDITY OF HIS DISMISSAL.[25] Apropos the first issue, petitioner argues that the Court of Appeals may review the findings of fact of the NLRC in a petition for certiorari under Rule 65 even if the factual findings of the Labor Arbiter and the NLRC do not conflict with each other; that the reliance of the Court of Appeals on the case of Gonzales v. National Labor Relations Commission[26] was contrary to law and jurisprudence; that our ruling in Gonzales v. National Labor Relations Commission, to wit: "Only when the factual findings and conclusion of the Labor Arbiter and NLRC are clearly in conflict with each other is this Court behooved to give utmost attention to and thoroughly scrutinize the records of the case, more particularly the evidence presented, to arrive at a correct decision," is not absolute; that the aforecited ruling is only a general rule and is only binding if the factual findings of the Labor Arbiter and the NLRC are supported by substantial evidence; and that in the case of Maya Farms Employees Organization v. National Labor Relations Commission,[27] this Court held that findings of fact of the NLRC, even though these do not conflict with the findings of the Labor Arbiter, may be reviewed on certiorari when these findings are made in disregard of the evidence on record.[28] | |||||