8/23/2020 E-Library - Information At Your Fingertips: Printer Friendly findings by Supercare be equated to the required notification to the petitioners on his health condition. As earlier clarified, he must himself actively or expressly request the referral to the third physician. To warrant the issuance of the writ of certiorari, the abuse of discretion, as held in De los Santos v. Metropolitan Bank and Trust Company,[22] "must be grave, which means either that the judicial or quasijudicial power was exercised in an arbitrary or despotic manner by reason of passion or personal hostility, or that the respondent judge, tribunal or board evaded a positive duty, or virtually refused to perform the duty enjoined or to act in contemplation of law, such as when such judge, tribunal or board exercising judicial or quasi-judicial powers acted in a capricious or whimsical manner as to be equivalent to lack of jurisdiction." That standard was fully met by the petitioners in the CA, for the circumstances truly showed that the NLRC had gravely abused its discretion amounting to lack or excess of jurisdiction in affirming the findings of the Labor Arbiter because it thereby whimsically and capriciously disregarded the express language of the law requiring the respondent to first give to the petitioners his notice of intent to resolve the conflicting assessments through the third physician. WHEREFORE, the Court GRANTS the petition for review on certiorari; REVERSES and SETS ASIDE the decision promulgated on November 10, 2014 in C.A.-G.R. SP No. 136293; and DISMISSES the respondent's claim for disability benefits, sick wages, damages, and attorney's fees for lack of factual and legal basis, without costs of suit. SO ORDERED. Del Castillo, Gesmundo, and Carandang, JJ., concur. Jardeleza, J., on official business. [1] Rollo, pp. 58-73; penned by Associate Justice Celia C. Librea-Leagogo with the concurrence of Associate Justice Franchito N. Diamante and Associate Justice Melchor Q. C. Sadang. [2] Id. at 313-331. [3] Id. at 59. [4] Id. at 68. [5] Id. at 69. [6] Id. [7] Id. [8] Id. [9] Id. at 227-239. [10] Id. at 325. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65168 7/9