This case has been cited 1 times or more.
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2015-11-11 |
DEL CASTILLO, J. |
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| In labor cases, the review of the Court under Rule 45 of the Rules of Court involves the determination of the legal correctness of the CA Decision. This means that the Court must ascertain whether the CA properly determined the presence or absence of grave abuse of discretion in the NLRC Decision. Simply put, "in testing for legal correctness, the Court views the CA Decision in the same context that the petition for certiorari it ruled upon was presented to it."[34] It entails a limited review of the acts of the NLRC, of whether it committed errors of jurisdiction. It does not cover the issue of whether the NLRC committed any error of judgment, unless there is a showing that its findings and conclusion were arbitrarily arrived at or were not based on substantial evidence.[35] | |||||