prevailing “law of the case” as embodied in the final and executory July 30, 1999
NLRC Decision.
The foregoing arguments of OSCI are tenuous at best.
Doctrine of res judicata inapplicable
We agree with OSCI that the CA committed double faux pas by (1) ruling
on the remand of the case by the NLRC to the Labor Arbiter which was not the
subject of Bastol’s appeal before it; and (2) reinstating the January 28, 1999
Decision of Labor Arbiter Mayor, Jr. which had earlier been set aside and was not
the object of OSCI’s appeal to the NLRC. But these lapses do not adversely affect
the CA’s determination of the propriety of the disability indemnity awarded to
Bastol, as will be discussed here.
Suffice it to say that the July 30, 1999 NLRC Decision cannot and does not
constitute res judicata to the instant case. In Estate of the Late Encarnacion Vda.
de Panlilio v. Dizon,51[51] extensively quoting from the earlier case of Vda. de
Cruzo v. Carriaga, Jr.,52[52] we explained the nature of res judicata, as now
embodied in Sec. 47, Rule 39 of the Rules of Court, in its two concepts of “bar by
former judgment” and “conclusiveness of judgment.” These concepts of the
51[51] G.R. No. 148777, October 18, 2007, 536 SCRA 565.
52[52] G.R. Nos. 75109-10, June 28, 1989, 174 SCRA 330.
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