6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly The Court of Appeals granted the Petition for Certiorari and held that the National Labor Relations Commission gravely abused its discretion in affirming the Labor Arbiter's ruling.[27] It found that Nonay failed to provide substantial evidence to prove her allegation that her illness is work-related.[28] The Court of Appeals gave greater weight to the findings of the company-designated physician holding that the companydesignated physician "had acquired detailed knowledge and was familiar with [Nonay's] medical condition."[29] The dispositive portion of the Court of Appeals Decision[30] states: WHEREFORE, the present petition is GRANTED. The Resolutions dated September 28, 2011 and November 29, 2011 of public respondent National Labor Relations Commission are NULLIFIED and SET ASIDE. The complaint of private respondent Maricel S. Nonay is DISMISSED. For humanitarian considerations, petitioners are ORDERED to pay private respondent financial assistance in the amount of P50,000.00. SO ORDERED.[31] (Emphasis in the original) Nonay moved for reconsideration, but the Motion was denied by the Court of Appeals in the Resolution[32] dated April 12, 2013. While the Petition for Certiorari was pending before the Court of Appeals, Bahia Shipping paid Nonay the amount of P3,780,040.00 pursuant to the final and executory Decision of the National Labor Relations Commission.[33] Thus, the Court of Appeals also stated in its April 12, 2013 Resolution that: The manifestation of petitioners in their comment that "they paid the amount of Php 3,780,040.00 to Private Respondent based on the judgment award of the Third Division of Public Respondent NLRC," with their prayer "that Private Respondent be ordered to return to Petitioners the judgment award less the Php 50,000.00 humanitarian award granted by this Honorable Court in her favor," is merely noted. The same pertains to execution and must be threshed out before the labor arbiter at the execution stage when the Court's judgment becomes final and executory.[34] (Citation omitted) On June 5, 2013, Nonay filed a "Petition for Certiorari"[35] before this court, but the contents of her Petition indicated that it was a petition for review on certiorari under Rule 45 of the Rules of Court.[36] In the Resolution[37] dated July 17, 2013, this court required the respondents to elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61719 3/26