4/16/2021
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SO ORDERED."[4]
Dissatisfied, petitioner now come to us and assigns the following as errors committed
by the NLRC, to wit:
I
THE PUBLIC RESPONDENT ERRED IN HOLDING THAT THE AFFIDAVIT OF
COMPLAINT CANNOT BE THE BASIS OF TRUTH BECAUSE THE AFFIANT WAS
NOT CROSS-EXAMINED.
II
THE PUBLIC RESPONDENT ERRED IN HOLDING THAT THE COMPLAINANTPETITIONER WAS NOT ILLEGALLY DISMISSED.
III
THE PUBLIC RESPONDENT ERRED IN HOLDING THAT NEITHER PARTY, THE
COMPLAINANT AND RESPONDENT, COULD BE AWARDED REIMBURSEMENT
FOR THE PAL TICKET.
The Solicitor General, in his Comment[5] to the petition, joined the petitioner[6] in
arguing that although there was a failure to allege grave abuse of discretion against the
NLRC, this element of grave abuse of discretion is present in the instant petition. The
assailed resolution was issued in gross violation of the settled principle that affidavits
suffice as evidence in proceedings before quasi-judicial bodies like the POEA.[7] We find
merit in the petition.
At the outset, we note that the instant petition was filed with this Court on May 22,
1991 before the ruling of this Court in the case of the St. Martin Funeral Home vs.
NLRC[8] on September 16, 1998 which required that judicial review of labor cases
should be filed in the Court of Appeals before the same can be elevated to this Court
following the doctrine on hierarchy of courts. The prevailing jurisprudence then holds
that judicial review of labor cases by the Supreme Court may only be through a petition
for certiorari under Rule 65 of the Rules of Court.[9] Moreover, in the interest of justice,
this Court had treated, in a number of cases, as special civil actions for certiorari
petitions erroneously captioned as petitions for review on certiorari.[10] It is in this light
that we so treat the present petition. Rules of procedure and evidence should not be
applied in a very rigid and technical sense in labor cases in order that technicalities
would not stand in the way of equitably and completely resolving the rights and
obligations of the parties.[11] Furthermore, while we consider this petition as one for
certiorari under Rule 65 of the Rules of Court, it is likewise significant to note that
petitioner failed to seasonably file a motion for reconsideration at the NLRC level before
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