This case has been cited 1 times or more.
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2005-07-28 |
CHICO-NAZARIO, J. |
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| In herein case, the Decision of the Panel was in the form of a dismissal of petitioner's complaint. Naturally, this dismissal was contained in the main decision and not in the dissenting opinion. Thus, under Section 6, Rule VII of the same guidelines implementing Article 262-A of the Labor Code, this Decision, as a matter of course, would become final and executory after ten (10) calendar days from receipt of copies of the decision by the parties even without receipt of the dissenting opinion unless, in the meantime, a motion for reconsideration[5] or a petition for review to the Court of Appeals under Rule 43 of the Rules of Court[6] is filed within the same 10-day period. As correctly pointed out by the Court of Appeals, a dissenting opinion is not binding on the parties as it is a mere expression of the individual view of the dissenting member from the conclusion held by the majority of the Court, following our ruling in Garcia v. Perez[7] as reiterated in National Union of Workers in Hotels, Restaurants and Allied Industries v. NLRC.[8] | |||||