This case has been cited 4 times or more.
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2013-01-30 |
REYES, J. |
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| The rule is that factual findings of quasi-judicial agencies such as the NLRC are generally accorded not only respect, but at times, even finality because of the special knowledge and expertise gained by these agencies from handling matters falling under their specialized jurisdiction.[24] It is also settled that this Court is not a trier of facts and does not normally embark in the evaluation of evidence adduced during trial.[25] This rule, however, allows for exceptions. One of these exceptions covers instances when the findings of fact of the trial court, or of the quasi-judicial agencies concerned, are conflicting or contradictory with those of the CA. When there is a variance in the factual findings, it is incumbent upon the Court to re-examine the facts once again.[26] | |||||
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2011-01-31 |
PERALTA, J. |
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| Negligence is defined as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.[12] The Court emphasizes that the nature of the business of a hospital requires a higher degree of caution and exacting standard of diligence in patient management and health care as what is involved are lives of patients who seek urgent medical assistance. An act or omission that falls short of the required degree of care and diligence amounts to serious misconduct which constitutes a sufficient ground for dismissal. | |||||
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2009-04-24 |
AUSTRIA-MARTINEZ, J. |
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| Thus, the CA and the NLRC correctly observed that the worst that respondent committed was an inadvertent infraction. For that, the extreme penalty of dismissal imposed on him by petitioners was grossly disproportionate. Taking into account the managerial position he held and the prior warning issued to him for failing to communicate with his superiors, the penalty commensurate to the violation he committed should be suspension for three months.[51] The period of his suspension is to be deducted from the period for which he is entitled to backwages as awarded by the NLRC and affirmed by the CA. | |||||