Labor Arbiter, NLRC and the CA that private respondent’s dismissal was improper
and illegal.
The Court finds the petition without merit.
Anent the first assigned error, it is a settled rule that under Rule 45 of the
Rules of Court, only questions of law may be raised in this Court.[10] Judicial
review by this Court does not extend to a re-evaluation of the sufficiency of the
evidence upon which the proper labor tribunal has based its determination.[11] Firm
is the doctrine that this Court is not a trier of facts, and this applies with greater
force in labor cases.[12] Factual issues may be considered and resolved only when
the findings of facts and conclusions of law of the Labor Arbiter are inconsistent
with those of the NLRC and the CA.[13] The reason for this is that the quasijudicial agencies, like the Arbitration Board and the NLRC, have acquired a unique
expertise because their jurisdiction are confined to specific matters. [14] In the
present case, the question of whether private respondent is guilty of desertion is
factual. The Labor Arbiter, NLRC and the CA are unanimous in their findings that
private respondent is not guilty of desertion and that he has been illegally
terminated from his employment. After a review of the records of the instant case,
this Court finds no cogent reason to depart from the findings of these tribunals.
Petitioners assert that the entries in the logbook of MV Cemtex
General[15] and in the Marine Note Protest[16] which they submitted to the NLRC
confirm the fact that private respondent abandoned the vessel in which he was
assigned. However, the genuineness of the Marine Note Protest as well as the
entries in the logbook are put in doubt because aside from the fact that they were
presented only during petitioners’ Motion for Reconsideration filed with the
NLRC, both the Marine Note Protest and the entry in the logbook which were
prepared by the officers of the vessel were neither notarized nor authenticated by
the proper authorities. Moreover, a reading of these entries simply shows that
private respondent was presumed to have deserted his post on the sole basis that he
was found missing while the MV Cemtex General was anchored at the port
of Takehara, Japan. Hence, without any corroborative evidence, these documents
cannot be used as bases for concluding that private respondent was guilty of
desertion.