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This web page features the internet version of the
Labor Circular
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Labor Division ofChan Robles & Associates Law Firm
to its clients and friends since 1991.
Related labor laws and issuances are contained in other pages linked to this page.
 
 
 LABOR CIRCULAR
ON-LINE
No. 61                                       Series of 1998
 [previous issue, click here]
TOPIC At a Glance 
PETITIONS FOR CERTIORARI UNDER RULE 65 
OF THE RULES OF COURT
FROM DECISIONS OF THE NLRC NOW TO BE INITIALLY FILED 
WITH THE COURT OF APPEALS AND NO LONGER 
DIRECTLY WITH THE SUPREME COURT
[en banc]
[New Interpretation of "Appeals" from NLRC Decisions]
Case Title:
ST. MARTIN FUNERAL HOME VS.
NATIONAL LABOR RELATIONS COMMISSION, ET AL.
[G. R. No. 130866, September 16, 1998]
[en banc]
    FACTS & RULING OF THE COURT:

    The Supreme Court [en banc] did not rule on the factual issues of the case but instead re-examined, inter alia, Section 9 of Batas Pambansa Bilang 129, as amended by Republic Act No. 7902 [effective March 18, 1995] on the issue of where to elevate on appeal the decisions of the National Labor Relations Commission [NLRC].cralaw:red

    The High Court remanded the case to the Court of Appeals consistent with the new ruling enunciated therein that the "appeals" contemplated under the law from the decisions of the National Labor Relations Commission to the Supreme Court should be interpreted to mean "petitions for certiorari under Rule 65" and consequently, should no longer be brought directly to the Supreme Court but initially to the Court of Appeals.cralaw:red

    Before this new en banc ruling, the Supreme Court has consistently held that decisions of the NLRC may be elevated directly to the Supreme Court only by way of a special civil action for certiorari under Rule 65.  There was no ruling allowing resort to the Court of Appeals.cralaw:red

    In support of this new view, the Supreme Court ratiocinated, insofar as pertinent, as follows:chanroblesvirtuallawlibrary
     

      "While we do not wish to intrude into the Congressional sphere on the matter of the wisdom of a law, on this score we add the further observations that there is a growing number of labor cases being elevated to this Court which, not being a trier of fact, has at times been constrained to remand the case to the NLRC for resolution of unclear or ambiguous factual findings; that the Court of Appeals is procedurally equipped for that purpose, aside from the increased number of its competent divisions; and that there is undeniably an imperative need for expeditious action on labor cases as a major aspect of constitutional protection to labor.

      "Therefore, all references in the amended Section 9 of B. P. No. 129 to supposed appeals from the NLRC to the Supreme Court are interpreted and hereby declared to mean and refer to petitions for certiorari under Rule 65.  Consequently, all such petitions should henceforth be initially filed in the Court of Appeals in strict observance of the doctrine on the hierarchy of courts as the appropriate forum for the relief desired.

      xxx"

[N.B.:  To provide for quick surfing and convenient reading, theEditorial BoardofChan Robles Virtual Law Library quoted only the summation portion of the decision which, in its view, expresses the essential intendment of the Court.  It must be pointed out that the original decision of the Supreme Court consisted of 17 pages embodying the lengthy opinion and dissertation on the legal justification for this change in the rules.For selected latest issuances of the Supreme Court,click here.]

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