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The Court emphasizes that Its commitment to the cause of labor does not prevent it from
finding for the employer when it is right and just. The Court is always mindful that justice
is in every case for the deserving, to be dispensed with in the light of established facts, the
applicable law, and existing jurisprudence.[34]
WHEREFORE, the petition is GRANTED. The May 31, 2006 Decision and the November 14,
2006 Resolution of the Court of Appeals, in CA-G.R. SP No. 85350, are hereby REVERSED
and SET ASIDE. The January 31, 2000 Decision of the Labor Arbiter is REINSTATED.
SO ORDERED.
Brion,* Peralta, (Acting Chairperson),** Abad, and Leonen, JJ., concur.
* Designated additional member, per Special Order No. 1395 dated December 6, 2012.
** Per Special Order No. 1394 dated December 6, 2012.
[1] Rollo, pp. 36-51. Penned by Associate Justice Regalado E. Maambong, with Associate
Justices Rodrigo V. Cosico and Lucenito N. Tagle, concurring.
[2] Id. at 53-54.
[3]
Id. at 220-228. Penned by Commissioner Ernesto S. Dinopol, with Presiding
Commissioner Roy V. Señeres and Commissioner Romeo L. Go, concurring.
[4] Also referred to as Gina T. Soria in the petition for review.
[5] Id. at 170.
[6] Id. at 256.
[7] Id. at 171. Executed by Dr. Romulo Del Rosario of Ago General Hospital, Legazpi City.
[8] Id. at 172.
[9] Id.
[10] Id.
[11] Id. at 174-175. Prepared by Police Senior Inspector Olga M. Bausa, M.D., Medico-Legal
Officer.
[12] Id. at 230-233.
[13] Id. at 176-182. Penned by Labor Arbiter Fatima Jambaro-Franco.
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