ChanRobles Virtual law Library
|
ON-LINE 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
"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.]
|
|