6/5/2020
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judgment award without prejudice by petitioners required no obligations whatsoever on
the part of Picar.
The case of Leonis Navigation v. Villamater(Leonis Navigation)[15] is more in point,
where the Court explained:
Petitioners never moved for a reconsideration of this Order regarding the
voluntariness of their payment to Sonia, as well as the dismissal with
prejudice and the concomitant termination of the case.
However, petitioners argued that the finality of the case did not render the
petition for certiorari before the CA moot and academic. On this point,
we agree with petitioners.
In the landmark case of St. Martin Funeral Home v. NLRC,[16] we ruled that
judicial review of decisions of the NLRC is sought via a petition for certiorari
under Rule 65 of the Rules of Court, and the petition should be filed before
the CA, following the strict observance of the hierarchy of courts. Under Rule
65, Section 4,[17] petitioners are allowed sixty (60) days from notice of the
assailed order or resolution within which to file the petition. Thus, although
the petition was not filed within the 10-day period, petitioners seasonably
filed their petition for certiorari before the CA within the 60-day
reglementary period under Rule 65.
Further, a petition for certiorari does not normally include an inquiry into the
correctness of its evaluation of the evidence. Errors of judgment, as
distinguished from errors of jurisdiction, are not within the province of a
special civil action for certiorari, which is merely confined to issues of
jurisdiction or grave abuse of discretion. It is, thus, incumbent upon
petitioners to satisfactorily establish that the NLRC acted capriciously and
whimsically in order that the extraordinary writ of certiorari will lie. By grave
abuse of discretion is meant such capricious and whimsical exercise of
judgment as is equivalent to lack of jurisdiction, and it must be shown that
the discretion was exercised arbitrarily or despotically.[18] (Emphasis
supplied)
Adhering to the pronouncement in Leonis Navigation, the Court, in Philippine
Transmarine Carriers, Inc. v. Legaspi (Transmarine),[19] held that the satisfaction of
the monetary award by the employer did not render the petition for certiorari moot
before the CA. In Transmarine, pursuant to a writ of execution issued, the employer
ship-owner/manning agency and the complaining seafarer agreed to a settlement of
the judgment award. It was, however, stipulated that the settlement shall be without
prejudice to the pending petition for certiorari filed by the employer before the CA. It
was further agreed that, in the event that the petition would be granted and the
judgment award would be eventually reversed, whether in full or partially, the seafarer
shall return all amounts in excess of what he would be entitled to and the employer
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