Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
Aria, a software tester engaged by a private outsourcing firm to work on a hospital project for 10 months, was terminated after project completion. She filed a complaint with the NLRC seeking reinstatement and full back wages. The NLRC dismissed for lack of coverage, ruling that her engagement was through a manpower agency and thus outside the Labor Code. Aria files a verified petition for certiorari directly with the Supreme Court under Rule 65, alleging grave abuse of discretion amounting to lack or excess of jurisdiction by the NLRC. (a) Identify the controlling doctrine on Supreme Court review of NLRC labor decisions and when direct access to the Supreme Court is permissible. (b) Apply the facts to determine whether Aria’s petition shows grave abuse or lack/excess of jurisdiction and whether the Supreme Court has jurisdiction to entertain it. (c) If the Supreme Court lacks jurisdiction, state the proper appellate remedy and what issues the Court of Appeals would review.