review on certiorari under Rule 45 of the Rules of Court. As a rule, only questions of
law, not questions of fact, may be raised in a petition for review on certiorari under
Rule 45.
However, this principle is subject to recognized exceptions. In the labor law setting,
the Court will delve into factual issues when conflict of factual findings exists among
the labor arbiter, the NLRC, and the Court of Appeals.[31] Considering that in the
present case there were differing factual findings on the part of the Court of Appeals,
on one hand, and the Labor Arbiter and the NLRC, on the other, there is a need to
make our own assiduous evaluation of the evidence on record.
As the two issues raised by petitioner are intrinsically related, they will be discussed
together.
The Court finds merit in petitioner's contention that it would be more in keeping with
the interest of fairness and substantial justice for the Court of Appeals to likewise
admit and review petitioner's evidence despite being submitted only on appeal.
There appears to be no justification for relaxing the rules of procedure in favor of the
employer and not taking the same action in the case of the employee, particularly in
light of the principle that technical rules of procedure shall be liberally construed
in favor of the working class in accordance with the demands of substantial
justice.[32] We have also previously held that "[r]ules of procedure and evidence
should not be applied in a very rigid and technical sense in labor cases in order that
technicalities would not stand in the way of equitably and completely resolving the
rights and obligations of the parties."[33]
In line with the objective of dispensing substantial justice, this Court has examined
the evidence belatedly submitted by petitioner to the Court of Appeals.
Unfortunately, even with this procedural concession in favor of petitioner, we do not
find any sufficient basis to overturn the Court of Appeals' May 31, 2005 Decision on
the merits.
To recall, it was petitioner's assertion in his Position Paper that he is entitled to
US$80,000.00 as medical unfitness benefits under Article 20.1.5 of the CBA with
AMOSUP, which provision he merely quoted in his pleading.[34] The Labor Arbiter
awarded the amount of US$80,000.00 as permanent medical unfitness benefits,
citing the said AMOSUP CBA as his basis for the award.[35] The Court of Appeals
found that such award was not supported by any evidence, in view of petitioner's
failure to present a copy of the AMOSUP CBA and proof of his membership in said
union.
Although petitioner was able to submit to the Court of Appeals copies of his
identification card as an AMOSUP member and a certification from AMOSUP's Legal
Department that he was a member of said union during the period of his
employment on the M/T Star Langanger,[36] he still failed to present any copy of
respondents' supposed CBA with AMOSUP.
What petitioner belatedly presented on appeal appears to be a CBA between
respondent Masterbulk and the Singapore Maritime Officers' Union, not AMOSUP.
Article 20.1.5, or the stipulation regarding permanent medical fitness benefits
quoted in petitioner's Position Paper and relied upon by the Labor Arbiter in his