findings, the Court of Appeals went beyond the issues of the case, or its findings
are contrary to the admissions of both the appellant and the appellee; (7) when the
findings are contrary to the trial court; (8) when the findings are conclusions
without citation of specific evidence on which they are based; (9) when the facts
set forth in the petition as well as in the petitioner’s main and reply briefs are not
disputed by the respondent; (10) when the findings of fact are premised on the
supposed absence of evidence and contradicted by the evidence on record; and
(11) when the Court of Appeals manifestly overlooked certain relevant facts not
disputed by the parties, which, if properly considered, would justify a different
conclusion.[40] In the present case, the Court is constrained to review the NLRC’s
findings of fact, which the CA chose not to pass upon, as there is ample evidence
on record to show that certain facts were overlooked which would clearly affect the
disposition of the case.
Foremost to consider and point out is that there is no factual basis for the
monetary award in respondent’s favor. Significantly, the Labor Arbiter merely
accepted per se private respondent’s computation on her monetary claims in view
of JSCI’s failure to refute her allegations. He did not assess and weigh or even
touch upon herein petitioner’s arguments and evidence against respondent’s
claims. Clearly, the Labor Arbiter should not have precipitately granted private
respondent’s claims because petitioner had adduced evidence to refute her
allegations. Since the Labor Arbiter’s decision did not touch upon or rule on
petitioner’s arguments and evidence against respondent’s claims, the NLRC and
the CA had no basis for affirming his findings.
Petitioner submits that the NLRC already resolved the same issues in this
case in its Decision dated June 25, 1997 in NLRC OCW CA 012269-97,