5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly benefit. In his petition, Libang imputes error upon the CA for disturbing the factual findings of both the LA and NLRC, and for holding that he was not entitled to the disability benefit awarded by the labor tribunals. Even granting that he was not entitled to the award, its restitution should not include the payment of interest, as ordered by the CA. After the parties had filed their respective memoranda, Libang filed an Urgent Manifestation with Motion to Dismiss, invoking the Court’s ruling in Career Philippines Ship Management, Inc. v. Madjus[33] wherein we affirmed on the ground of mootness the CA’s dismissal of an appeal after the parties to the labor dispute had agreed on a satisfaction of judgment. Libang attached to his pleading a copy of the satisfaction of judgment which he executed with ISMI, Santos and Majestic on March 25, 2008. The Court, however, resolves to deny Libang’s motion considering that the facts and circumstances in this case are different from those in Career Philippines. Specifically, the terms of the parties’ satisfaction of judgment and waiver of rights in this case were different, the CA had already resolved the petition for certiorari on the merits, and Libang himself had invoked this Court’s jurisdiction for the review of the case. The Ruling of the Court The petition is meritorious. The CA erred in finding that the NLRC acted with grave abuse of discretion when it declared Libang entitled to the disability benefit. The respondents appealed the NLRC’s decision to the CA via a petition for certiorari, which may be granted only upon a finding of grave abuse of discretion. In Xavier Ramos v. BPI Family Savings Bank, and/or Alfonso L. Salcedo, Jr.,[34] the Court explained that grave abuse of discretion connotes judgment that is tantamount to lack of jurisdiction. To be considered “grave,” the discretionary authority must be exercised in a despotic manner by reason of passion or hostility, and must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act at all in contemplation of law. In labor disputes, the NLRC’s findings are said to be tainted with grave abuse of discretion when its conclusions are not supported by substantial evidence.[35] Substantial evidence pertains to such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.[36] It bears emphasis that the CA did not nullify the ruling of the NLRC upon a finding that Libang’s illnesses were pre-existing or not work-related. The appellate court’s annulment of the NLRC decision was based on an entirely different basis that pertained to proof of disability. Given these circumstances, the Court will no longer disturb these factual findings that Libang’s illnesses were work-related and acquired only during the course of his employment in M/V Baltimar Orion. Settled is the rule that only questions of law are allowed in a petition for review on certiorari, and the question of whether or not a particular illness is pre-existing and work-related raises essentially factual issues. The Court is not a trier of facts. If factual findings of the LA and the NLRC have been affirmed by the CA, the Court accords them the respect and finality they deserve.[37] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57645 7/13