On appeal, the NLRC in its Decision dated June 25, 1997, sustained the Labor
Arbiter’s findings and conclusions.[45] When the NLRC Decision dated June 25,
1997 was elevated to this Court via a petition for certiorari, the First Division, in a
minute resolution dated January 14, 1998[46] dismissed the petition for failure to
show that the NLRC committed grave abuse of discretion in rendering the
questioned judgment. The resolution became final and executory on February 16,
1998.
The Lazaga case is not stare decisis to the present case since the factual
circumstances surrounding each case is different. The contracts of employment of
Lazaga and respondent spanned different periods. Lazaga’s contract was from July
26, 1994 toJuly 26, 1995 and she opted to extend her employment until her
repatriation on February 15, 1996, while herein respondent Paragaswas employed
from December 14, 1994 to December 13, 1995. Furthermore, the contract
stipulations in their respective contracts have not been shown to be the
same. Lazaga’s contract of employment is not part of the evidence on record for a
detailed comparison with respondent’s contract. Besides, evidence to establish
their respective claims for salary differential, night shift differential, full
attendance bonus and excessive placement fee are different.
Verily, the resolution of the interpretation of the respondent’s contract and
her entitlement to salary differential, night shift differential, full attendance bonus
and excessive placement fee requires conscientious evaluation and assessment of
the evidence adduced by the parties, which is best undertaken by the Labor Arbiter.
This Court is not the proper venue to consider factual issues nor is it its function to
analyze or weigh the probative value of the evidence presented. Needless to stress,
the Supreme Court is not a trier of facts.[47] Ordinarily, the case should be