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All Jurisprudence based

0 tracked cards Labor and Social Legislation

MetroCare Hospital dismissed its head nurse for alleged patient-care violations. The Labor Arbiter ruled in favor of the nurse and ordered reinstatement with back wages. The hospital appealed to the NLRC through Commission Proper, which reversed the Labor Arbiter and dismissed the complaint. The nurse 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 nurse’s proper remedy, and what must the Supreme Court examine to determine whether there was grave abuse of discretion by Commission Proper?

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Finality of NLRC decisions; The standard of review is de novo reweighing of all facts by the Supreme Court; The nurse’s remedy is a petition for certiorari, and the Court will reweigh the evidence anew. RA 9347 mandates de novo review of all Commission Proper decisions; The standard of review is entirely de novo on both law and fact; The remedy is a direct petition to the Supreme Court; The Court will reexamine all the evidence as if anew. The controlling doctrine is the established rule on appeals from NLRC to the Court of Appeals; The standard of review is substantial evidence on all findings of fact; The remedy is a petition for review on certiorari; The Supreme Court will not reweigh evidence. Grave abuse of discretion amounting to lack or excess of jurisdiction; The standard of review is that Commission Proper decisions are reviewable only for grave abuse under Rule 65; The nurse’s remedy is a Rule 65 petition for certiorari; The Supreme Court must determine whether Commission Proper gravely abused its discretion by misapplying the law or disregarding substantial evidence.

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