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the Court finds these qualities of capriciousness or whimsicality wanting in the case at
bar and thus, holds that the CA erred in ruling that grave abuse of discretion exists.
WHEREFORE, the petition is GRANTED.
The Decision dated October 31, 2006
and Resolution dated June 25, 2007 of the Court of Appeals in CA-GR. SP No.
84769 are REVERSED and SET ASIDE. Accordingly, the Decision dated January 30,
2004 of the National Labor Relation Commission dismissing respondent Alexander L.
Moradas's complaint for permanent total disability benefits and other money claims is
hereby REINSTATED.
SO ORDERED.
Carpio, J., (Chairperson), Del Castillo, and Perez, JJ. concur.
Brion, J. see concurring/dissenting opinion
[1] Rollo, pp. 44-86.
[2] Id. at 94-118.
Penned by then Presiding Justice Ruben T. Reyes (now retired
Associate Justice of the Supreme Court), with Associate Justices Juan Q. Enriquez, Jr.
and Vicente S. E. Veloso, concurring.
[3] Id. at 155-157.
[4] Id. at 95. See also Contract of Employment dated July 17, 2000; id. at 165.
[5] Id.
[6] Id. at 96.
[7] Id.
[8] Id. at 249.
[9 ] Id. at 250.
[10] Id. at 181-182.
[11] Id. at 96.
[12] Id. at 232-245.
[13] Id. at 234. Erroneously stated as “October 10, 2001” in the records.
[14] Id. at 238. See also the statement dated December 7, 2000 signed by Captain
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