G.R. No. 167938 http://sc.judiciary.gov.ph/jurisprudence/2009/feb2009/167938.htm SO ORDERED. [12] Hence, this petition by Hanjin, on the following grounds: I. THE HONORABLE PUBLIC RESPONDENT COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION BY ENTERTAINING THE PETITION FILED BEFORE IT BY PRIVATE RESPONDENT DESPITE FAILURE OF THE LATTER TO FURNISH THE UNDERSIGNED COUNSEL A COPY OF THE PETITION. II. PUBLIC RESPONDENTS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION IN HOLDING PETITIONER LIABLE FOR ILLEGAL DISMISSAL DESPITE ABSENCE OF EMPLOYEE-EMPLOYER RELATIONSHIP BETWEEN PRIVATE RESPONDENT AND PETITIONER. III. ASSUMING WITHOUT ADMITTING THAT EMPLOYEE-EMPLOYER RELATIONSHIP EXISTS BETWEEN PRIVATE RESPONDENT AND PETITIONER, THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF JURISDICTION OR AN EXCESS IN THE EXERCISE THEREOF IN NOT FINDING THE DISMISSAL OF PRIVATE RESPONDENT VALID. IV. ASSUMING EX GRATIA ARGUMENTI THAT THERE WAS ILLEGAL DISMISSAL, THE HONORABLE PUBLIC RESPONDENT COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION IN MODIFYING THE NLRC RESOLUTION PROMULGATED ON JULY 30, 2002 BY AWARDING IN FAVOR OF PRIVATE RESPONDENT FULL SALARIES FOR ONE YEAR, INSTEAD OF THREE MONTHS ONLY. V. THE HONORABLE PUBLIC RESPONDENTS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION IN NOT REVERSING THE RESOLUTION OF THE HONORABLE NATIONAL LABOR RELATIONS COMMISSION PROMULGATED ON JULY 30, 2002 AWARDING MORAL DAMAGES IN FAVOR OF PRIVATE RESPONDENT SINCE THE DISMISSAL IF THERE WAS ANY, WAS NOT ATTENDED BY BAD FAITH, FRAUD OR EFFECTED IN A WANTON, OPPRESSIVE, OR MALEVOLENT MANNER. [13] In essence, the issues presented by the petition are: (1) Did the Court of Appeals err in giving due course to the case despite failure of Ramos to furnish the counsel of Hanjin a copy of the petition? (2) Was Ramos illegally dismissed? (3) Is Ramos entitled to a one-year salary? (4) Is Ramos entitled to moral damages? 4 of 9 1/25/2016 2:57 PM