Verily, the report of Chief Engineer Retardo is utterly bereft of probative
value. It is not verified by an oath and, therefore, lacks any guarantee of
trustworthiness. It is furthermore – and this is crucial – not sourced from the
personal knowledge of Chief Engineer Retardo. It is rather based on the
perception
of “ATTENDING
SUPT.
ENGINEERS
CONSTANTLY
OBSERVING ALL PERSONNELS ABILITY AND ATTITUDE WITH
REGARDS TO OUR TECHNICAL CAPABILITY AND BEHAVIOURS WITH
EMPHASY (sic) ON DISCIPLINE” who “NOTICED 3/E ROSAROSO AS
BEING SLACK AND NOT CARING OF HIS JOB AND DUTIES X X
X .” Accordingly, the report is plain hearsay. It is not backed up by the affidavit
of any of the “Supt.” Engineers who purportedly had first-hand knowledge of
private respondent’s supposed “lack of discipline,” “irresponsibility” and “lack of
diligence” which caused him to lose his job. x x x [12]
The Court finds no reason to reverse the foregoing findings.
To begin with, the question of whether respondent was dismissed for just
cause is a question of fact which is beyond the province of a petition for review on
certiorari. It is fundamental that the scope of the Supreme Court’s judicial review
under Rule 45 of the Rules of Court is confined only to errors of law. It does not
extend to questions of fact. More so in labor cases where the doctrine applies with
greater force.[13]
The Labor Arbiter and the NLRC have already determined the factual issues,
and these were affirmed by the CA. Thus, they are accorded not only great respect
but also finality,[14] and are deemed binding upon this Court so long as they are
supported by substantial evidence.[15] A heavy burden rests upon petitioner to
convince the Court that it should take exception from such a settled rule.[16]
More importantly, the finding that respondent was illegally dismissed is
supported, not only by the evidence on record, but by jurisprudence as well.