SO ORDERED." 6 [Emphasis in the original.]
PNB appealed the labor arbiter’s Decision to the NLRC. In a Resolution dated June 29, 2001, the Commission affirmed that Decision, but reduced the
moral damages to P100,000 and the exemplary damages to P50,000. In a subsequent Resolution, the NLRC denied PNB’s Motion for
Reconsideration.
Ruling of the Court of Appeals
In disposing of the Petition for Certiorari, the CA noted that petitioner bank had failed to adduce in evidence the Singaporean law supposedly governing
the latter’s employment Contract with respondent. The appellate court found that the Contract had actually been processed by the Philippine Embassy
in Singapore and approved by the Philippine Overseas Employment Administration (POEA), which then used that Contract as a basis for issuing an
Overseas Employment Certificate in favor of respondent.
According to the CA, even though respondent secured an employment pass from the Singapore Ministry of Employment, she did not thereby waive
Philippine labor laws, or the jurisdiction of the labor arbiter or the NLRC over her Complaint for illegal dismissal. In so doing, neither did she submit
herself solely to the Ministry of Manpower of Singapore’s jurisdiction over disputes arising from her employment. The appellate court further noted that
a cursory reading of the Ministry’s letter will readily show that no such waiver or submission is stated or implied.
Finally, the CA held that petitioner had failed to establish a just cause for the dismissal of respondent. The bank had also failed to give her sufficient
notice and an opportunity to be heard and to defend herself. The CA ruled that she was consequently entitled to reinstatement and back wages,
computed from the time of her dismissal up to the time of her reinstatement.
Hence, this Petition.7
Issues
Petitioner submits the following issues for our consideration:
"1. Whether or not the arbitration branch of the NLRC in the National Capital Region has jurisdiction over the instant controversy;
"2. Whether or not the arbitration of the NLRC in the National Capital Region is the most convenient venue or forum to hear and decide the
instant controversy; and
"3. Whether or not the respondent was illegally dismissed, and therefore, entitled to recover moral and exemplary damages and attorney’s
fees."8
In addition, respondent assails, in her Comment,9 the propriety of Rule 45 as the procedural mode for seeking a review of the CA Decision affirming the
NLRC Resolution. Such issue deserves scant consideration. Respondent miscomprehends the Court’s discourse in St. Martin Funeral Home v.
NLRC,10 which has indeed affirmed that the proper mode of review of NLRC decisions, resolutions or orders is by a special civil action
for certiorari under Rule 65 of the Rules of Court. The Supreme Court and the Court of Appeals have concurrent original jurisdiction over such petitions
for certiorari. Thus, in observance of the doctrine on the hierarchy of courts, these petitions should be initially filed with the CA.11
Rightly, the bank elevated the NLRC Resolution to the CA by way of a Petition for Certiorari. In seeking a review by this Court of the CA Decision -- on
questions of jurisdiction, venue and validity of employment termination -- petitioner is likewise correct in invoking Rule 45.12
It is true, however, that in a petition for review on certiorari, the scope of the Supreme Court’s judicial review of decisions of the Court of Appeals is
generally confined only to errors of law. It does not extend to questions of fact. This doctrine applies with greater force in labor cases. Factual
questions are for the labor tribunals to resolve. 13 In the present case, the labor arbiter and the NLRC have already determined the factual issues. Their
findings, which are supported by substantial evidence, were affirmed by the CA. Thus, they are entitled to great respect and are rendered conclusive
upon this Court, absent a clear showing of palpable error or arbitrary disregard of evidence.14
The Court’s Ruling
The Petition has no merit.
First Issue:
Jurisdiction
The jurisdiction of labor arbiters and the NLRC is specified in Article 217 of the Labor Code as follows:
"ART. 217. Jurisdiction of Labor Arbiters and the Commission. – (a) Except as otherwise provided under this Code the Labor Arbiters shall have
original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without
extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural: