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MIGUEL DELA BARAIRO v. OFFICE OF PRESIDENT

This case has been cited 1 times or more.

2014-02-26
DEL CASTILLO, J.
It has long been settled that the remedy of an aggrieved party in a decision or resolution of the Secretary of Labor is to timely file a motion for reconsideration as a precondition for any further or subsequent remedy, and then seasonably file a special civil action for certiorari under Rule 65 of the 1997 Rules on Civil Procedure.[23] There is no distinction: when the Secretary of Labor assumes jurisdiction over a labor case in an industry indispensable to national interest, "he exercises great breadth of discretion" in finding a solution to the parties' dispute.[24] "[T]he authority of the Secretary of Labor to assume jurisdiction over a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to national interest includes and extends to all questions and controversies arising therefrom. The power is plenary and discretionary in nature to enable him to effectively and efficiently dispose of the primary dispute."[25] This wide latitude of discretion given to the Secretary of Labor may not be the subject of appeal.