5/19/2021
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SO ORDERED
Perlas-Bernabe, S.A.J., (Chairperson), Hernando, Delos Santos, and Baltazar-Padilla, JJ., concur.
[1] Rollo, pp. 10-22.
[2] Id. at 27-41: penned by Associate Justice Myra V. Garcia-Fernandez with Associate Justices Ramon R. Garcia and Germane Francisco
D. Legaspi, concurring.
[3] Id.. at 42-43.
[4] Id. at 28.
[5] Id.
[6] Id. at 47-55.
[7] Migrant Workers and Overseas Filipinos Act of 1995.
[8] Rollo, pp. 51-52.
[9] Id. at 16-17.
[10]
. at 15-16.
[11] Id. at 15.
[12] Id. at 85-90; penned by Labor Arbiter Raymund M. Celino.
[13] Id. at 90.
[14] Id. at 89-90.
[15] Id. at 120-127; penned by Commissioner Mercedes R. Posada-Lacap with Commissioners Grace E. Maniquiz-Tan and Dolores M.
Peralta-Beley, concurring.
[16] Id. at 2 7-41.
[17] <http://poea.gov.ph/laws&rules/files/Insurance_OFW%20FAQa.pdf> (visited June 3. 2020)
[18] Id.
[19] See Rule 11, No. 14 of the POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas
Workers.
[20] Microsoft Corporation, et al. v. Farajallah, et al., 742 Phil. 775, 784 (2014), citing Lacson v. MJ Lacson Development Company,
Inc., 652 Phil. 34, 48 (2010).
[21] In Salcedo v. People, 400 Phil. 1302. 1308-1309 (2000). The Court enumerated some exceptions, as follows:
(1) When the factual findings of the Court of Appeals and the trial court are contradictory:
(2) When the conclusion is a finding grounded entirely on speculation, surmises or conjectures;
(3) When the inference made by the Court of Appeals from its findings of fact is manifestly mistaken, absurd or impossible;
(4) When there is grave abuse of discretion in the appreciation of facts;
(5) When the appellate court, in making its findings, went beyond the issues of the case, and such findings are contrary to the
admissions of both appellant and appellee;
(6) When the judgment of the Court of Appeals is premised on misapprehension of facts;
(7) When the Court of Appeals failed to nonce certain relevant facts which, if properly considered, would justify a different conclusion;
(8) When the findings of fact are themselves conflicting;
(9) When the findings of fact are conclusions without citation of the specific evidence on which they are based: and
(10) When the findings of fact of the Court of Appeals are premised on the absence of evidence but such findings are contradicted by
the evidence on record.
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