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SECOND DIVISION

G.R. No. 76001 September 5, 1988

PRODUCERS BANK OF THE PHILIPPINES, Petitioner, vs. THE NATIONAL LABOR RELATIONS COMMISSION, PRODUCERS BANK EMPLOYEES ASSOCIATION, ELEUTERIO YAP, FERDINAND LAZO, ROBERT TAN, ALBERTO BRILLO FREDERICK CASES, MARILOU VILLENA, and ARLENE VILLARO, Respondents.

SARMIENTO, J.:

Assailed in this motion for reconsideration is the resolution of this Court dated May 25, 1988 ¹ dismissing the petition for review on certiorari ² on the ground that the same raises essentially factual issues and in view of the absence of any showing that the findings ³ of the National Labor Relations Commission were not supported by substantial evidence and that the National Labor Relations Commission acted with grave abuse of discretion.chanroblesvirtualawlibrary chanrobles virtual law library

The petitioner anchors its motion on the following grounds: chanrobles virtual law library

I chanrobles virtual law library

RESPONDENT NLRC EXCEEDED ITS JURISDICTION AND GRAVELY ABUSED ITS DISCRETION IN RENDERING ITS ASSAILED DECISION IN THAT- chanrobles virtual law library

a) THE DECISION OF LABOR ARBITER VIRGINIA SON WHICH RESPONDENT NLRC MODIFIED IS ITSELF SUPPORTED BY SUBSTANTIAL EVIDENCE CONFIRMING PRIVATE RESPONDENTS' USE OF VIOLENCE DURING THE STRIKE.chanroblesvirtualawlibrary chanrobles virtual law library

b) THE GOVERNING LAW WHICH RESPONDENT NLRC MISAPPLIED CATEGORICALLY IMPOSES DISMISSAL UPON EMPLOYEES GUILTY OF ILLEGAL ACTS IN THE COURSE OF A STRIKE.chanroblesvirtualawlibrary chanrobles virtual law library

The sole issue raised is whether or not the National Labor Relations Commission acted with grave abuse of discretion when it modified the Decision ⁴ dated March 12, 1985 of the Labor Arbiter. ⁵chanrobles virtual law library

The petitioner maintains that the dismissal of its petition was unwarranted. It argues that the very basis of the NLRC's decision was the findings of the Labor Arbiter, that the strike of October 1, 1984 was illegal, as the same was attended by violence, coercion, intimidation, destruction of properties, and other unlawful acts which were all properly substantiated by it and which were not controverted by the respondents, hence, they were deemed to have been established . ⁶ It avers that on appeal the function of the National Labor Relations Commission, if it finds the Labor Arbiter's decision to be supported by substantial evidence, is to affirm the same. ⁷ It asserts further that when the public respondent modified the Labor Arbiter's decision and ordered the immediate reinstatement of the respondents, it acted with grave abuse of discretion, as it in effect violated the provisions of sub-section (e) of Art. 265 (now Art. 264) ⁸ of the Labor Code. The petitioner-movant submits that the coercive picketing by private respondent cannot be viewed in isolation from the overall illegal conduct of the strikers and the climate of violence that characterized the strike, that the coercive picketing contributed to the heated strike atmosphere which induced the commission of other unlawful acts by strikers, who were ordered dismissed; and without such coercive picketing on the part of the respondent, the acts of grave threats, coercion and malicious mischief on the part of the other strikers would not have happened. ⁹ chanrobles virtual law library

We have held in a long line of decisions that the findings of fact of the Department (Ministry) of Labor and the National Labor Relations Commission are entitled to great respect, unless the said findings and the conclusions made therefrom are not supported by substantial evidence. ¹⁰chanrobles virtual law library

By "grave abuse of discretion' is meant, such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be grave as where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility and must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law (G.R. No. 59880, George Arguelles [Hda Emma Arguelles vs. Romeo Yang, etc.], September 11, 1987.) ¹¹chanrobles virtual law library

Considering all the foregoing, we hold that no grave abuse of discretion was committed by the National Labor Relations Commission, and therefore we find no cogent reason to justify a reconsideration of our resolution.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the petitioner's motion for reconsideration is hereby DENIED, for lack of merit. This denial is FINAL.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Melencio-Herrera, and Medialdea, * JJ., concur.chanroblesvirtualawlibrary chanrobles virtual law library

Paras, J., and Padilla, J., took no part.

Endnotes:

1 Rollo, 99.chanrobles virtual law library

2 Rollo, 1-a.chanrobles virtual law library

3 Rollo, 14.chanrobles virtual law library

4 Rollo 30.chanrobles virtual law library

5 Penned by Virginia Son, Labor Arbiter.chanrobles virtual law library

6 Rollo, l01-102.chanrobles virtual law library

7 Rollo, 103.chanrobles virtual law library

8 No person engaged in picketing shall commit any act of violence, coercion or intimidation, or obstruct the free ingress to or egress from the employer's premises for lawful purposes, or obstruct Public thoroughfares.chanrobles virtual law library

9 Rollo, 104.chanrobles virtual law library

10 Franklin Baker of the Phils. vs. Hon. Cresencia B. Trajano, et al., No. 75039, Jan. 28, 1988 citing: (Kapisanan ng Manggagawa sa Camara Shoes, et al. v. Camara Shoes, 2nd Heirs of Santos Camara, et al., No. 50985, January 30, 1982, 111 SCRA 477 [1927]; International Hardwood and Veneer Co. of the Philippines v. Leonardo, No. 57429, October 28, 1982, 117 SCRA 679 [1982]; Pan-Phil-life Inc. v. NLRC, No. 53721, July 29, 1982, 114 SCRA 866 [1982]; Pepsi-Cola Labor Union-BR LU-TUPAS Local Chapter N-896 vs. NLRC, No. 58341, June 29, 1982,114 SCRA 930 [1982]; Egyptair v. NLRC, No. 63185, February 27, 1987,148 SCRA 125 [1987]; RJL Martinez Fishing Corp. vs. NLRC, G.R. Nos. 63550-51, January 31, 1984, 127 SCRA 455 [1984]; and Reyes v. Phil. Duplicators, G.R. No. 54996, November 27, 1981, 109 SCRA 489 [1981].chanrobles virtual law library

11 Id., G.R. 75039; Dulos Realty and Development Corp. v. CA., et al., G.R. No. 76668, Jan. 28, 1988, citing Emma Arguelles vs. Romeo Yang, etc., September 11, 1987; Placida Peza, et al. vs. Hon. Federico Alikpala, G.R. No. L-29749, April 15, 1988; Robert Young, etc. vs. The Hon. Julio A. Sulit, Jr., et al., G.R. 57839, June 27, 1988.chanrobles virtual law library

* Designated to sit as a member of the Second Division to participate in the consideration and resolution of this case.