Aggrieved, OSCI promptly filed its Memorandum of Appeal34[34] before the NLRC.   The Ruling of the NLRC in NLR NCR CA No. 019238-99 (NLRC NCR OCW No. 98-05-0501)   On July 31, 2006, the NLRC First Division rendered its Decision reversing and setting aside Labor Arbiter Lustria’s January 31, 2003 Decision and dismissed the instant case, the fallo reading:   WHEREFORE, the appeal is GRANTED. The Decision of Labor Arbiter Joel S. Lustria dated January 31, 2003 is hereby REVERSED AND SET ASIDE and a new one entered dismissing the complaint.   SO ORDERED.35[35]     In dismissing the case, the NLRC held that the sworn affidavit of Dr. Vicaldo and the manifestations of Bastol could not substitute for their presence and testimony, and that of Dr. Lim. It ruled that since not one clarificatory hearing was conducted, the sworn affidavit of Dr. Vicaldo is reduced to mere hearsay sans a 34[34] Id. at 126-143, dated March 20, 2003. 35[35] Id. at 150-151.