meets the eye and should not be taken at face value. For most often than not, they are palpably self-serving and bias (sic) in favor of the employer and certainly cannot be considered independent.   On appeal to the NLRC, the Commission affirmed the decision of the labor arbiter albeit with modification. The dispositive portion of the Commissions Resolution dated 28 April 2005 states that:   WHEREFORE, the appealed decision is AFFIRMED but with MODIFICATION in that the individual respondent-appellant [Estaniel] is absolved from any or all liabilities arising from the controversy.[30]     The NLRC dismissed the claim against Estaniel for the reason that Masangcay failed to adduce evidence that the President of Trans-Global acted with malice and bad faith in denying his (Masangcay) disability benefit claim. The subsequent joint motion for reconsideration of Trans-Global and Ventnor was denied by the Commission for lack of merit in an Resolution dated 30 June 2005.   Undaunted, Trans-Global and Ventnor filed an original action for certiorari before the Court of Appeals imputing grave abuse of discretion amounting to lack or excess of jurisdiction on the NLRC for affirming the decision of the labor arbiter.   In a Decision promulgated on 10 February 2006, the appellate court granted the petition for certiorari of Trans-Global and Ventnor. It nullified and set aside the challenged Resolutions of the NLRC for having been issued in grave abuse of discretion amounting to lack or excess of jurisdiction. The fallo of the said judgment reads:   WHEREFORE, the PETITION FOR CERTIORARI is GIVEN DUE COURSE.   The RESOLUTION of the National Labor Relations Commission promulgated on April 28, 2005 in NLRC CA No. 041053-04 [NLRC-NCR OFW Case No. (M)03-10-2649-00], entitled Marciano Masangcay v. TransGlobal Maritime Agency, Inc. and/or Michael Estaniel and Ventnor Navigation, Inc.; and the ORDER of June 30, 2005 are NULLIFIED AND SET ASIDE.