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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
July-1996 Jurisprudence                 

  • G.R. No. 116600 July 3, 1996 - PEOPLE OF THE PHIL. v. REYNALDO LANDICHO

  • G.R. No. 119527 July 3, 1996 - EVELYN J. GARCIA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121910 July 3, 1996 - NATIONAL WATERWORKS AND SEWERAGE AUTHORITY, ET AL. v. NLRC

  • G.R. Nos. 98121-22 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO R. SALAZAR

  • G.R. No. 100629 July 5, 1996 - ENELYN E. PEÑA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100699 July 5, 1996 - PEOPLE OF THE PHIL. v. EDGAR C. GUTIERREZ

  • G.R. No. 102377 July 5, 1996 - ALFREDO SAJONAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 102998 July 5, 1996 - BA FINANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105583 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO TAMPON

  • G.R. No. 106296 July 5, 1996 - ISABELO T. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106413 July 5, 1996 - REPUBLIC OF THE PHIL. v. TACLOBAN CITY ICE PLANT, ET AL.

  • G.R. No. 107698 July 5, 1996 - GLORIA Z. GARBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 107824 July 5, 1996 - SUPERCLEAN SERVICES CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 109173 July 5, 1996 - CITY OF CEBU v. COURT OF APPEALS, ET AL.

  • G.R. No. 111324 July 5, 1996 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 111549 July 5, 1996 - PEOPLE OF THE PHIL. v. ARTEMIO P. ORTALEZA

  • G.R. Nos. 113178 & 114777 July 5, 1996 - RADIO COMMUNICATIONS OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 113549 July 5, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113827 July 5, 1996 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113948 July 5, 1996 - ARMANDO NICOLAS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114002 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO C. COMPENDIO, JR.

  • G.R. No. 115216 July 5, 1996 - PEOPLE OF THE PHIL. v. DAVID CABILES

  • G.R. No. 115825 July 5, 1996 - FRANKLIN DRILON v. COURT OF APPEALS, ET AL.

  • G.R. No. 116208 July 5, 1996 - PEOPLE OF THE PHIL. v. ESMAEL SALIDO

  • G.R. No. 116693 July 5, 1996 - PURITA DE LA PEÑA, ET AL. v. PEDRO R. DE LA PEÑA, ET AL.

  • G.R. No. 118203 July 5, 1996 - EMILIO A. SALAZAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118231 July 5, 1996 - VICTORIA L. BATIQUIN, ET AL. v. COURT OF APPEALS

  • G.R. No. 118284 July 5, 1996 - MAMERTO REFUGIA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118562 July 5, 1996 - ANGLO-KMU v. SAMANA BAY, ET AL.

  • G.R. No. 118691 July 5, 1996 - ALEJANDRO BAYOG, ET AL. v. ANTONIO M. NATINO, ET AL.

  • G.R. Nos. 118712 & 118745 July 5, 1996 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118824 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO GARCIA

  • G.R. No. 119069 July 5, 1996 - PEOPLE OF THE PHIL. v. DANILO EXCIJA

  • G.R. No. 119845 July 5, 1996 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120949 July 5, 1996 - ARACELI RAMOS FONTANILLA v. PEOPLE OF THE PHIL.

  • G.R. No. 121180 July 5, 1996 - GERARD A. MOSQUERA v. DELIA H. PANGANIBAN, ET AL.

  • G.R. No. 121592 July 5, 1996 - ROLANDO P. DELA TORRE v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 122807 July 5, 1996 - ROGELIO P. MENDIOLA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-91-712 July 9, 1996 - BEN D. MARCES, SR. v. PAUL T. ARCANGEL

  • G.R. No. 88189 July 9, 1996 - PEOPLE OF THE PHIL. v. TIBURCIO ABALOS

  • G.R. No. 103922 July 9, 1996 - SANTIAGO LAND DEVELOPMENT COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 104312 July 9, 1996 - PEOPLE OF THE PHIL. v. MARIO CABALLERO

  • G.R. No. 109563 July 9, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 114058 July 10, 1996 - PEOPLE OF THE PHIL. v. ZALDY B. FRANCISCO

  • G.R. No. 74495 July 11, 1996 - DUMEZ COMPANY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 80437-38 July 11, 1996 - PEOPLE OF THE PHIL. v. ROBERTO B. ABORDO

  • G.R. Nos. 94376-77 July 11, 1996 - PEOPLE OF THE PHIL. v. ELMER O. BELGA

  • G.R. No. 103174 July 11, 1996 - AMADO B. TEODORO v. COURT OF APPEALS, ET AL.

  • G.R. No. 103968 July 11, 1996 - PEOPLE OF THE PHIL. v. DIMSON M. GARDE

  • G.R. No. 104860 July 11, 1996 - CITYTRUST BANKING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106418 July 11, 1996 - DANIEL L. BORBON II, ET AL. v. SERVICEWIDE SPECIALISTS, INC., ET AL.

  • G.R. No. 109156 July 11, 1996 - STOLT-NIELSEN MARINE SERVICES (PHILS.) INC. v. NLRC, ET AL.

  • G.R. No. 110207 July 11, 1996 - FLORENTINO REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116221 July 11, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO G. GABRIS

  • Adm. Matter No. P-93-995 July 12, 1996 - ROBERTO JALBUENA v. EGARDO GELLADA, ET AL.

  • G.R. No. 88126 July 12, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96795 July 12, 1996 - ANTONIO M. CORRAL v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108926 July 12, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116128 & 116461 July 12, 1996 - ALLIED BANKING CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121139 July 12, 1996 - ISIDRO B. GARCIA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 88822 July 15, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO M. TUVILLA

  • G.R. No. 117661 July 15, 1996 - DANIEL VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 83437-38 July 17, 1996 - PEOPLE OF THE PHIL. v. WILFREDO R. GUARIN

  • G.R. No. 98458 July 17, 1996 - COCOLAND DEV. CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102037 July 17, 1996 - MELANIO IMPERIAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106977 July 17, 1996 - PEOPLE OF THE PHIL. v. AQUILIO ACABO

  • G.R. Nos. 109396-97 July 17, 1996 - PEOPLE OF THE PHIL. v. ROMEO S. OARGA

  • G.R. No. 114795 July 17, 1996 - LUCITA Q. GARCES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116728 July 17, 1996 - PEOPLE OF THE PHIL. v. RODELIO S. CRUZ

  • G.R. No. 120496 July 17, 1996 - FIVE STAR BUS CO., INC., ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-96-1088 July 19, 1996 - RODOLFO G. v. HERNANDO C. DOMAGTOY

  • G.R. Nos. 70168-69 July 24, 1996 - RAFAEL T. MOLINA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 95940 July 24, 1996 - PANTRANCO NORTH EXPRESS, INC. v. NLRC, ET AL.

  • G.R. No. 108052 July 24, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 110241 July 24, 1996 - ASIA BREWERY, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 115008-09 July 24, 1996 - PEOPLE OF THE PHIL. v. DANIEL C. QUIJADA

  • G.R. No. 120043 July 24, 1996 - AMERICAN HOME ASSURANCE CO., ET AL v. NLRC, ET AL.

  • G.R. No. 120099 July 24, 1996 - EDUARDO T. RODRIGUEZ v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 120303 July 24, 1996 - FEDERICO GEMINIANO, ET AL. v. COURT OF APPEALS, ET Al.

  • Adm. Matter No. RTJ-96-1336 July 25, 1996 - JOCELYN TALENS-DABON v. HERMIN E. ARCEO

  • G.R. No. 95223 July 26, 1996 - ALLIED BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105673 July 26, 1996 - PEOPLE OF THE PHIL. v. ANTONIO MAGANA

  • G.R. Nos. 105690-91 July 26, 1996 - PEOPLE OF THE PHIL v. RODOLFO CAGUIOA, SR.

  • G.R. No. 110731 July 26, 1996 - SHOPPERS GAIN SUPERMART, ET AL. v. NLRC, ET AL.

  • G.R. No. 111127 July 26, 1996 - ENGRACIO FABRE, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112175 July 26, 1996 - PEOPLE OF THE PHIL. v. RODOLFO DIAZ

  • G.R. Nos. 114280 & 115224 July 26, 1996 - PHILIPPINE AIRLINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115683 July 26, 1996 - DELIA MANUEL v. DAVID ALFECHE, JR., ET AL.

  • G.R. No. 118434 July 26, 1996 - SIXTA C. LIM v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119225 July 26, 1996 - PEOPLE OF THE PHIL. v. RODRIGO G. ABUTIN

  • G.R. No. 119328 July 26, 1996 - PROVIDENT INT’L. RESOURCES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119673 July 26, 1996 - IGLESIA NI CRISTO (INC.) v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-93-783 July 29, 1996 - OFFICE OF THE COURT ADMINISTRATOR v. FILOMENO PASCUAL

  • G.R. Nos. 97556 & 101152 July 29, 1996 - DAMASO S. FLORES v. COURT OF APPEALS, ET AL.

  • G.R. No. 111639 July 29, 1996 - MIDAS TOUCH FOOD CORPORATION v. NLRC, ET AL.

  • G.R. No. 114313 July 29, 1996 - MGG MARINE SERVICES, INC., ET AL. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1148 July 30, 1996 - PEDRO ROQUE, ET AL. v. ZENAIDA GRIMALDO

  • G.R. No. 102557 July 30, 1996 - ALFONSO D. ZAMORA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108028 July 30, 1996 - PEOPLE OF THE PHIL. v. CRISTINA M. HERNANDEZ

  • G.R. No. 116512 July 30, 1996 - PEOPLE OF THE PHIL. v. LEOPOLDO BACANG, ET AL.

  • G.R. No. 116542 July 30, 1996 - HONGKONG AND SHANGHAI BANKING CORP. v. NLRC, ET AL.

  • G.R. No. 118590 July 30, 1996 - D.M. CONSUNJI, INC. v. RAMON S. ESGUERRA, ET AL.

  • G.R. No. 122241 July 30, 1996 - BOARD OF OPTOMETRY, ET AL. v. ANGEL B COLET, ET. AL.

  • G.R. Nos. 111517-19 July 31, 1996 - PEOPLE OF THE PHIL. v. ROGER N. AUSTRIA

  • G.R. No. 112233 July 31, 1996 - COKALIONG SHIPPING LINES v. OMAR U. AMIN

  • G.R. No. 112611 July 31, 1996 - CLARA ATONG VDA. DE PANALIGAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116015 July 31, 1996 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 119306 July 31, 1996 - PEOPLE OF THE PHIL. v. DANTE BELTRAN

  • G.R. No. 121917 July 31, 1996 - ROBIN CARIÑO PADILLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 122274 July 31, 1996 - SUSAN V. LLENES v. ISAIAS P. DICDICAN, ET AL.

  • G.R. No. 122749 July 31, 1996 - ANTONIO A. S. VALDES v. RTC, BRANCH 102, QUEZON CITY, ET AL.

  •  





     
     

    G.R. No. 113827   July 5, 1996 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 113827. July 5, 1996.]

    PHILIPPINE AIRLINES INC., Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, ARBITER RAMON VALENTIN C. REYES, AND STELLAR EMPLOYEES ASSOCIATION, Respondents.


    SYLLABUS


    1. LABOR AND SOCIAL LEGISLATION; LABOR CODE; TERMINATION OF EMPLOYMENT; INTENT OF THE LAW IN MAKING REINSTATEMENT ORDER IMMEDIATELY EXECUTORY. — The intent of the law in making a reinstatement order immediately executory is much like a return-to-work order, i.e., to, restore the status quo in the workplace in the meantime that the issues raised and the proofs presented by the contending parties have not yet been finally resolved. It is a legal provision which is fair to both labor and management because while execution of the order cannot be stayed by the posting of a bond by the employer, the workers also cannot demand their physical reinstatement if the employer opts to reinstate them only in the payroll.

    2. ID.; SEC. 4, RULE V OF THE NEW RULES OF PROCEDURE OF THE NLRC; POWER OF THE LABOR ARBITER TO DISPENSE FORMAL TRIAL OR HEARING. — The procedure of dispensing with a formal trial or hearing at the discretion of the Labor Arbiter once such pleadings and position papers are submitted is clearly within the powers of his office, as laid down in Section 4, Rule V of the New Rules of Procedure of the NLRC. Accordingly, the NLRC was simply applying the law when it dismissed PAL’s petition for injunction and denied the motion for reconsideration thereof. It committed no abuse of discretion, let alone grave abuse thereof, which may be corrected by certiorari. This Court cannot touch upon the very merits of the cases involved, as petitioner would have us do, because not only are they still pending appeal before the NLRC, but the questioned resolutions themselves are devoid of any discussion, substantial or otherwise, of the issues raised in the petition.

    3. REMEDIAL LAW; EVIDENCE; FACTUAL FINDINGS OF QUASI-JUDICIAL AGENCIES; TREATED WITH RESPECT AND FINALITY. — It is settled that factual findings of quasi-judicial agencies, such a the NLRC, which have gained expertise on matters within their jurisdictions are treated by he Supreme Court with respect and even finality when supported by substantial evidence.


    D E C I S I O N


    ROMERO, J.:


    Not infrequently, a party comes before this Court questioning an order or resolution issued in relation to a case, but ends up prematurely discussing the merits of the case itself. This petition illustrates the point.

    On different dates between 1988 and 1991, some 150 employees recruited by Stellar Industrial Services, Inc. (SISI) to work for petitioner Philippine Airlines, Inc. (PAL) filed several cases against the latter for regularization, illegal dismissal, reinstatement, back wages and wage differentials. The cases which involved essentially the same complainants were later grouped into two consolidated cases: regularization, under Labor Arbiter Jose de Vera, and illegal dismissal, under Labor Arbiter: Ramon Valentin Reyes.

    In his decision dated March 31, 1992, Labor Arbiter de Vera declared the complainants to be regular employees of PAL and ordered the latter to pay them a total of over 46 million pesos, representing benefits and attorney’s fees. At the time of the filing of instant petition, said decision was still before the National Labor Relations Commission (NLRC) on appeal.

    On December 10, 1992, Labor Arbiter Reyes decided the illegal dismissal case based on the pleadings and evidence submitted. He declared the dismissal by PAL of the complainants illegal and ordered PAL to absorb complainants to its regular force and to reinstate them to their former positions without loss of seniority rights and benefits, as provided in the PAL-PALEA CBA and to pay them the following as provided likewise in the PAL-PALEA CBA: P23,863,702.00, representing back wages, 13th month pay and vacation leave; rice entitlement of complainants; and P2,072,902.20, as attorney’s fees. He then absolved SISI from any liability for lack of legal and factual basis.

    This decision was likewise appealed to the NLRC. On April 2, 1993, however, upon motion of the complainants and pending resolution of the said appeal, Labor Arbiter Reyes issued a writ of execution directing the reinstatement of 152 complainants either physically or through the payroll, at PAL’s option. 1

    In an attempt to stop said execution, PAL filed on May 6, 1993 before the NLRC a petition for the issuance of a writ of injunction with prayer for the issuance of a temporary restraining order in relation to both the regularization and illegal dismissal cases.

    On September 30, 1993, the NLRC, in a Resolution, dismissed PAL’s petition for injunction 2 for lack of merit, citing Article 223 of the Labor Code, as amended by Republic Act No. 6715. The pertinent provision of Article 223 states thus:jgc:chanrobles.com.ph

    "ART. 223. Appeal. — . . .

    In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatement provided herein.

    x       x       x


    PAL’s motion for reconsideration of said resolution was also denied by the NLRC in its resolution dated December 2, 1993. 3 The question that thus arises is simple: Did the NLRC commit grave abuse of discretion in dismissing the petition for injunction and denying the motion for reconsideration? This is the only issue that may be raised before this Court at this juncture.

    It may be noted here that this is the second time that this petition has been filed. The first one, filed on January 13, 1994 and docketed as G.R. No. 113172, was denied in the Court’s resolution dated January 24, 1994 "for failure of the petitioner (PAL) to submit a certification that no other action or proceeding involving the same issues raised in this case has been filed or is pending before any court, tribunal or agency pursuant to Circular No. 28-91 dated September 17, 1991." Petitioner refiled the same petition on February 24, 1994, this time with all the formal requirements and still within a "reasonable time" from notice of the denial of its motion for reconsideration on January 3, 1994.

    In its petition, PAL questioned the application by the NLRC of Article 223 of the Labor Code, asserting that "this provision does not apply where there is no ‘reinstatement’ to speak of as in the instant case, where the alleged employer-employee relationship is contested because the complainants in the case below never have been employees of the petitioner herein. The above provision of the law is only applicable where (an) employer-employee relationship is supported by clear evidence or where it is admitted to be existent." 4

    This argument is untenable.

    The intent of the law in making a reinstatement order immediately executory is much like a return-to-work order, i.e., to restore the status quo in the workplace in the meantime that the issues raised and the proofs presented by the contending parties have not yet been finally resolved. 5 It is a legal provision which is fair to both labor and management because while execution of the order cannot be stayed by the posting of a bond by the employer, the workers also cannot demand their physical reinstatement if the employer opts to reinstate them only in the payroll.

    Although PAL is challenging the existence of an employer-employee relationship between it and the complainants below, it is indisputable that prior to the filing of these numerous cases before the Labor Arbiter, the said complainants were working for PAL. In fact, Labor Arbiter de Vera, in his decision of March 31, 1992, declared complainants to be regular employees of PAL. So did Labor Arbiter Reyes. 6 It is settled that factual findings of quasi-judicial agencies, such as the NLRC, which have gained expertise on matters within their jurisdictions are treated by the Supreme Court with respect and even finality when supported by substantial evidence. 7 We do not see any reason to depart from this policy. Hence, applying Article 223 strictly, which is the only way it can truly be given effect, PAL, as an employer, is given the choice of accepting the complainants back or simply reinstating them in its payroll until the regularization and illegal dismissal cases are determined definitively.

    PAL’s claim that Article 223 "is only applicable where (an) employer-employee relationship is supported by clear evidence or where it is admitted to be existent," is irrelevant inasmuch as the Labor Arbiters have declared that the complainants are employees of petitioner PAL.

    Neither can the Court give weight to PAL’s allegation that Labor Arbiter Reyes relied on the unilateral declarations of the complainants in arriving at his conclusion. PAL submitted its position paper and supporting documents which, together with those filed by the complainants and SISI, were "thoroughly" considered by Labor Arbiter Reyes 8 who saw no need for a formal trial or hearing as the case and related matters can be resolved on the basis of the pleadings and documents submitted. This procedure of dispensing with a formal trial or hearing at the discretion of the Labor Arbiter once such pleadings and position papers are submitted is clearly within the powers of his office, as laid down in Section 4, Rule V of The New Rules of Procedure of the NLRC which states:jgc:chanrobles.com.ph

    "Section 4. Determination of Necessity of Hearing, — Immediately after the submission by the parties of their position papers/memorandum, the Labor Arbiter shall motu proprio determine whether there is need for a formal trial or hearing. At this stage, he may, at his discretion and for the purpose of making such determination, ask clarificatory questions to further elicit facts or information, including but not limited to the subpoena of relevant documentary evidence, if any(,) from any party or witness."cralaw virtua1aw library

    Accordingly, the NLRC was simply applying the law when it dismissed PAL’s petition for injunction and denied the motion for reconsideration thereof. It committed no abuse of discretion, let alone grave abuse thereof, which may be corrected by certiorari. This Court cannot touch upon the very merits of the cases involved, as petitioner would have us do, because not only are they still pending appeal before the NLRC, but the questioned resolutions themselves are devoid of any discussion, substantial or otherwise, of the issues raised in the petition.

    WHEREFORE, the instant petition for certiorari with prayer for the issuance of a writ of preliminary injunction or a temporary restraining order is hereby DISMISSED, with costs against the petitioner Philippine Airlines, Inc.

    SO ORDERED.

    Regalado, Puno, Mendoza and Torres, Jr., JJ., concur.

    Endnotes:



    1. Rollo, pp. 179-181.

    2. Ibid., p. 28.

    3. Id., p. 29.

    4. Id., p. 23.

    5. San Juan de Dios Educational Foundation, Inc. v. The Secretary of Labor, Et Al., G.R. No. 117226, March 27, 1995.

    6. Decision dated December 10, 1992, p. 7; Rollo, p. 36.

    7. Sebuguero v. NLRC, G.R. No. 115394, 248 SCRA 532 (1995); Panay Electric Co., Inc. v. NLRC, G.R. No. 102672, 248 SCRA 688 (1995).

    8. Rollo, p. 34.

    G.R. No. 113827   July 5, 1996 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.


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