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All Jurisprudence based

0 tracked cards Labor and Social Legislation

An information-technology services company terminated its regional data-security officer for alleged procurement irregularities. The Labor Arbiter ruled for the officer and ordered reinstatement with back wages. The company appealed to the NLRC through Commission Proper, which reversed the Arbiter and dismissed the complaint. The officer then filed a petition for certiorari under Rule 65 before the Supreme Court, alleging grave abuse of discretion by Commission Proper. (a) Identify the controlling doctrine and standard of review governing Commission Proper decisions. (b) Distinguish how Commission Proper reviews findings of fact versus rulings of law, and the degree of deference afforded to Labor Arbiter findings. (c) Apply to the facts: what is the officer’s proper remedy, and what must the Supreme Court examine to determine whether there was grave abuse of discretion by Commission Proper? RA 9347 is invoked as part of the modern NLRC framework.

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Controlling doctrine: grave abuse of discretion amounting to lack or excess of jurisdiction; Standard of review: the Supreme Court reviews Commission Proper decisions by petition for certiorari under Rule 65, focusing on grave abuse rather than de novo reweighing of evidence; The proper remedy for the officer is to file such a certiorari petition, and RA 9347 provides the statutory framework for Commission Proper's role and the availability of review. Controlling doctrine: lack or excess of jurisdiction; Standard of review: The Supreme Court may reweigh the evidence anew on review; The remedy: petition for certiorari; RA 9347 clarifies the NLRC independence. Controlling doctrine: grave abuse; Standard of review: Commission Proper's rulings on questions of law are reviewable, but factual findings are generally accorded substantial deference; The remedy: certiorari; RA 9347 clarifies Commission Proper's method of reviewing both facts and law. Controlling doctrine: grave abuse; Standard of review: Supreme Court may substitute its own findings of fact when grave abuse is alleged; The remedy: certiorari; RA 9347 clarifies NLRC's jurisdiction.

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