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discretion, not errors of judgment.
Finally, Poseidon maintains that it did not illegally dismiss the respondents.
Highlighting the CA’s observation and the respondents’ own admission in their various
pleadings, Poseidon reiterates that it simply ceased its fishing operations as a business
decision in the exercise of its management prerogative.
The Case for the Respondents
The respondents point out in their comment[24] that the petition raises questions of
fact, which are not proper for a Rule 45 petition. They likewise point out that the
petition did not specifically set forth the grounds as required under Rule 45 of the Rules
of Court. On the merits, and relying on the CA ruling, the respondents argue that
Poseidon dismissed them without a valid cause and without the observance of due
process.
The Issues
At the core of this case are the validity of the respondents’ waivers and quitclaims and
the issue of whether these should bar their claim for unpaid salaries. At the completely
legal end is the question of whether Section 10 of R.A. No. 8042 applies to the
respondents’ claim.
The Court’s Ruling
We resolve to partly GRANT the petition.
Preliminary considerations
The settled rule is that a petition for review on certiorari under Rule 45 is limited to the
review of questions of law,[25] i.e., to legal errors that the CA may have committed in
its decision,[26] in contrast with the review for jurisdictional errors that we undertake in
original certiorari actions under Rule 65.[27] In reviewing the legal correctness of a CA
decision rendered under Rule 65 of the Rules of Court, we examine the CA decision
from the prism of whether it correctly determined the presence or absence of grave
abuse of discretion in the NLRC decision before it, and not strictly on the basis of
whether the NLRC decision under review is intrinsically correct.[28] In other words, we
have to be keenly aware that the CA undertook a Rule 65 review, not a review on
appeal, of the NLRC decision challenged before it.[29]
Viewed in this light, we do not re-examine the factual findings of the NLRC and the CA,
nor do we substitute our own judgment for theirs,[30] as their findings of fact are
generally conclusive on this Court. We cannot touch on factual questions "except in the
course of determining whether the CA correctly ruled in determining whether or not the
NLRC committed grave abuse of discretion in considering and appreciating [the] factual
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