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NATIONAL FEDERATION OF LABOR v. BIENVENIDO  E. LAGUESMA

This case has been cited 5 times or more.

2013-02-18
BERSAMIN, J.
We hold to be untenable and not well taken Lepanto's submissions that: (1) a motion for reconsideration was not an available remedy from the decision of the DOLE Secretary because of Section 15, Rule XI, Book V of the Omnibus Rules Implementing the Labor Code, as amended; and (2) the ruling in National Federation of Labor v. Laguesma[21] (recognizing the remedy of certiorari against the decision of the DOLE Secretary to be filed initially in the CA) actually affirms its position that an immediate recourse to the CA on certiorari is proper even without the prior filing of a motion for reconsideration.
2011-06-15
CARPIO MORALES, J.
The Office of the President (OP), by Decision[7] of November 26, 2007. dismissed petitioner's appeal for lack of jurisdiction, citing National Federation of Labor v. Laguesma.[8]
2004-12-16
AZCUNA, J.
On April 30, 1998, then Acting Secretary of Labor Jose M. Español, issued the disputed Order, which modified the earlier one issued by Secretary Trajano. Instead of an actual return to work, Acting Secretary Español directed that the strikers be reinstated only in the payroll.[4] The Union moved for the reconsideration of this Order, but its motion was denied on June 25, 1998. Hence, it filed before this Court on August 26, 1998, a petition for certiorari under Rule 65 of the Rules of Court alleging grave abuse of discretion on the part of the Secretary of Labor for modifying its earlier order and requiring instead the reinstatement of the employees in the payroll. However, in a resolution dated July 12, 1999, this Court referred the case to the Court of Appeals, pursuant to the principle embodied in National Federation of Labor v. Laguesma.[5]
2003-01-22
CARPIO MORALES, J.
THIGCI's Motion for Reconsideration of the November 12, 1998 Resolution having been denied by the DOLE Undersecretary by Resolution of December 29, 1998,[11] it filed a petition for certiorari before this Court which, by Resolution of April 14, 1999,[12] referred it to the Court of Appeals in line with its pronouncement in National Federation of Labor (NFL) v. Hon. Bienvenido E. Laguesma, et al.,[13] and in strict observance of the hierarchy of courts, as emphasized in the case of St. Martin Funeral Home v. National Labor Relations Commission.[14]