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SPS. ELISEO SEVILLA AND ERNA SEVILLA v. CA

This case has been cited 1 times or more.

2012-06-20
DEL CASTILLO, J.
The rule that only questions of law may be raised in a petition brought under Rule 45 of the Rules of Court is not without exception. Factual review may warrant when the factual findings of the NLRC are contrary to those of the Labor Arbiter and the CA;[51] or when the CA's findings of fact, supposedly premised on the absence of evidence, are contradicted by evidence on record.[52] In this case, the Labor Arbiter and the CA found no just cause to warrant the dismissal of respondent.  The NLRC, however, found otherwise. A factual review is, therefore, in order.