3/31/2021
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Issues
Petitioners impute the following assignment of errors:
A. WITH DUE COURTESY, THE HONORABLE COURT OF APPEALS OVERLOOKED THE
EVIDENCE AT HAND PROVING THAT THE HONORABLE NATIONAL LABOR
RELATIONS COMMISSION SERIOUSLY COMMITTED AN ERROR WHEN IT FAILED
TO RECOGNIZE THE LEGAL IMPORT AND EVIDENTIARY RULE OF THE
RESIGNATION LETTER, AFFIDAVIT OF QUITCLAIM AND DESISTANCE AS WELL AS
THE FINAL SETTLEMENT WHICH THE [RESPONDENT] SIGNED AND EXECUTED
BEFORE ASST. LABOR ATTACH[É] OFELIA M. CASTRO-HUDSON.
B. WITH UTMOST RESPECT, THE HONORABLE COURT OF APPEALS FAILED TO
RECOGNIZE THATTHE [sic] HONORABLE NATIONAL LABOR RELATIONS
[COMMISSION] COMMITTED AN ERROR AND GROSSLY ABUSED ITS DISCRETION
—AND THIS ERROR IS CORRECTIBLE ON APPEAL—WHEN IT FAILED TO
CONSIDER THE FACT THAT THE ASST. LABOR ATTACH[É] BEFORE AFFIXING HER
SIGNATURE, VERIFICATION AND SEAL OF THE POLO OFFICE, FULLY [APPRISED]
THE [RESPONDENT] OF ALL HER CONTRACTUAL AND LEGAL RIGHTS.
C. WITH DUE REVERENCE, THE HONORABLE COURT OF APPEALSSHOULD [sic] HAVE
DELIBERATED ON THE FACT THAT THE NATIONAL LABOR RELATIONS
COMMISSION FAILED TO GIVE FULL CREDENCE TO THE DOCUMENTS
PERSONALLY SIGNED BY THE [RESPONDENT] BEFORE ASST. LABOR ATTACH[É]
OFELIA M. CASTRO-HUDSON.
D. THE ASST. LABOR ATTACH[É] WAS IN THE PERFORMANCE OF HER REGULAR
FUNCTIONS AND DUTIES WHEN THE [RESPONDENT] PERSONALLY APPEARED
BEFORE HER AND WHEN SHE SIGNED THE VERIFICATION OF THE DOCUMENTS
AND PLACED THE STAMP OF THE PHILIPPINE EMBASSY ON THE SAID
DOCUMENTS.
E. WITH UTMOST HUMILITY, THE HONORABLE COURT OF APPEALSSHOULD [sic]
HAVE FOUND GRAVE ABUSE OF DISCRETION WHEN THE HONORABLE NATIONAL
LABOR RELATIONS COMMISSION FAILED TO CONSIDER THAT THERE IS NO
EVIDENCE ON RECORD WHICH WOULD SHOW THAT ASST. LABOR ATTACH[É]
OFELIA M. CASTRO-HUDSON WAS REMISED [sic] IN THE PERFORMANCE OF HER
FUNCTIONS AS A REPRESENTATIVE OF THE PHILIPPINE GOVERNMENT WHEN THE
DOCUMENTS WERE SUBSCRIBED AND SWORN TO BEFORE HER.
F. WITH UTMOST RESPECT, THE HONORABLE COURT OF APPEALSDISREGARDED
[sic] THE ERROR COMMITTED BYTHE [sic] NATIONAL LABOR RELATIONS
COMMISSION WHEN IT FAILED TO RECOGNIZE THE LEGAL IMPORTANCE OF THE
OFFICIAL FUNCTION OF ASST. LABOR ATTACH[É] OFELIA M. CASTRO-HUDSON
CONSIDERING THERE IS NO SCINTILLA OF EVIDENCE WHICH WOULD SHOW
THAT ASST. LABOR ATTACH[É] OFELIA M. CASTRO-HUDSON COMMITTED ANY
IRREGULARITY WHEN SHE VERIFIED THE DOCUMENTS SIGNED AND EXECUTED
BY THE [RESPONDENT].
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65972
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