III......... IN FINDING THAT PRIVATE COMPLAINANT'S
SICKNESS WAS SUSTAINED DURING THE PERIOD OF HIS
EMPLOYMENT AND THEREFORE COMPENSABLE
IV........ IN SUSTAINING THE POEA IN AWARDING SICKNESS
AND PERMANENT DISABILITY BENEFITS
V........ IN NOT FINDING THAT PRIVATE RESPONDENT
SHOULD BE LIABLE FOR PAYMENT OF REPATRIATION
EXPENSES AND ATTORNEY'S FEES.
In their Memorandum, petitioners admitted that they inadvertently stated that the instant
petition is under Rule 45 but asked for consideration since they had substantially
complied with the requisites of Rule 65 and that their petition be given due course for it
had merit. Esmso
Private respondent countered that even if the instant petition could be considered under
Rule 65, the petition should still not prosper for failure to exhaust administrative
remedies and for not filing the required Motion for Reconsideration with the NLRC
before going to the Supreme Court.
In the interest of justice, we have often treated as special civil actions
for certiorari petitions erroneously captioned as petitions for review
oncertiorari.[8] Accordingly, we shall now consider the petition.
Firstly, with regard to the non-exhaustion of administrative remedies, we have long
settled that the filing of a motion for reconsideration is a condition sine qua non to the
institution of a special civil action for certiorari, subject to well-recognized exceptions.
The law intends to afford the tribunal, board or office, an opportunity to rectify the errors
and mistakes it may have lapsed into before resort to the courts of justice can be had.
However, in the case at bar, petitioners had not only failed to explain its failure to file a
motion for reconsideration before the NLRC, it has also failed to show sufficient
justification for dispensing with the requirement. Certiorari cannot be resorted to as a
shield from the adverse consequences of petitioners' own omission to file the required
motion for reconsideration.[9]
Secondly, petitioners argue mainly that the NLRC erred in affirming the POEA's
holdings that petitioner's physician knew of the pacemaker of private respondent and
that private respondent was liable for misrepresentation and non-disclosure of his true
health condition.
But, on this and other points, we find no reason to disturb the findings of the NLRC. The
records of the case do not clearly show that the NLRC committed any error in affirming
the decision of the POEA, and in ordering the petitioners, jointly and severally, to pay
Tuazon or his heirs sickness benefits and permanent disability benefits.