and reinstated the January 28, 1999 Decision of Labor Arbiter Mayor, Jr. The
decretal portion reads:
WHEREFORE, the premises considered, the petition is GRANTED. The
Assailed Decision and Resolution of the NLRC, First Division dated July 31,
2006 and May 30, 2007, respectively are hereby ANNULLED and SET ASIDE
for having been issued with grave abuse of discretion and the January 28, 1999
Decision of the Labor Arbiter, REINSTATED.
SO ORDERED.37[37]
In reinstating the Labor Arbiter’s January 28, 1999 Decision, the appellate
court ruled, first, that the NLRC gravely abused its discretion in remanding the
case back to the Labor Arbiter on the mistaken notion that the determination of
Bastol’s health ailment and entitlement to disability benefits under the 1994
revised SEC cannot be ascertained without conducting a formal trial. It
ratiocinated that Art. 221 of the Labor Code as amended by Sec. 11 of Republic
Act No. (RA) 6715 in relation to Sec. 4, Rule V of the NLRC Rules of Procedure
then prevailing granted the Labor Arbiter discretion to determine the necessity for
a formal hearing or investigation. In the instant case, the CA found that the Labor
Arbiter acted properly and ruled appropriately on the evidence on record without
need for formal hearings. Thus, the NLRC gravely abused its discretion when it
dismissed the instant case.
37[37] Id. at 228-229.