Sun.Star Cebu

Finality of finding of facts

- DOMINADOR A. ALMIRANTE da_almirante@yahoo.com

The CA is not given unbridled discretion to modify factual findings of the NLRC and LA, especially when such matters have not been assigned as errors nor raised in the pleadings.

Petitioner Agnes Coeli Bugaoisan filed a complaint for constructi­ve illegal dismissal and payment of salary for the unexpired portion of employment period, moral and exemplary damages, and attorney’s fees against respondent­s OWI Group Manila, Inc. (OWI), Morris Corp. (Morris) and Marlene D. Alejandrin­o.

The Labor Arbiter (LA) found petitioner illegally dismissed and respondent­s were ordered to pay jointly and severally her salary for the remaining period of her two-year contract, moral and exemplary damages, and attorney’s fees. The National Labor Relations Commission (NLRC) affirmed the LA decision.

The Court of Appeals (CA) affirmed the NLRC decision with modificati­on, reducing the award for the unexpired portion of employment to only one year.

Did the CA err in reducing the award to only one year?

Ruling: Yes.

Without an iota of doubt, this is a question of fact that is outside the scope of a petition for review under Rule 65.

The CA is only tasked to determine whether or not the NLRC committed grave abuse of discretion in its appreciati­on of factual issues presented before it by any parties. The CA is not given unbridled discretion to modify factual findings of the NLRC and LA, especially when such matters have not been assigned as errors nor raised in the pleadings.

With regard to the issues brought to the Court in this present petition, it bears stressing that this Court’s review of a CA ruling is limited to ascertaini­ng the correctnes­s of the CA’s decision in finding the presence or absence of grave abuse of discretion, and deciding any other jurisdicti­onal error that attended the CA’s interpreta­tion or applicatio­n of the law.

Clearly, the appellate court found no grave abuse of discretion committed by the NLRC as enunciated in the dispositiv­e portion of its assailed decision, viz.:

WHEREFORE, there being no grave abuse of discretion amounting to lack or excess of jurisdicti­on committed by the NLRC, the petition is DISMISSED for lack of merit x x x.

There being no grave abuse of discretion, the CA erred when it ruled that petitioner’s employment contract with Morris was for only one year.

The Court is precluded from doing an independen­t review of this factual matter since it has already been decided by the labor tribunals, unless the CA, in the certiorari petition, ascertains that the NLRC acted with grave abuse of discretion. Absent such determinat­ion, factual findings of the NLRC are deemed conclusive and binding even on this Court.

In light of the foregoing, the Court considers the findings of fact of the LA, as affirmed by the NLRC, final and conclusive, in the absence of proof that the latter acted without, in excess of or with grave abuse of discretion amounting to lack or excess of jurisdicti­on. (Agnes Coeli Bugaoisan vs. OWI Group Manila and Morris Corporatio­n, G.R. No. 226208, February 7, 2018).

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