WHEREFORE, premises considered, this case is remanded to the
Arbitration branch of origin for further proceedings to determine the degree of
impediment of complainant [Suganob] with the aid of either a private or public
physician to be chosen or agreed upon by the parties.
SO ORDERED.[8]
From the said decision, Suganob filed with the Court of Appeals a
petition for review[9] which the appellate court treated as a petition for
certiorari. Despite the objection of petitioners that the remedy availed of by
Suganob was incorrect, the Court of Appeals also later rendered judgment in
favor of Suganob on April 29, 2005. The dispositive portion of said decision
reads:
WHEREFORE,
the
instant
Petition
is
hereby PARTIALLY GRANTED. The assailed decision and resolution of
public respondent [NLRC] are hereby NULLIFIED and SET ASIDE and the
decision of the Labor Arbiter REINSTATED and AFFIRMEDwith
modification that the award of attorneys fees is hereby DELETED.
SO ORDERED.[10]
Petitioners now come before us raising the following issues:
I.
THE COURT OF APPEALS COMMITTED SERIOUS ERRORS WHEN IT
ENTERTAINED PRIVATE RESPONDENTS ERRONEOUS PETITION
UNDER RULE 43 AND TREATED THE SAME AS BEING FILED
UNDER RULE 65.
II.
THE COURT OF APPEALS COMMITTED SERIOUS ERROR WHEN IT
NULLIFIED AND ANNULLED THE DECISION OF THE NLRC DESPITE
THE ABSENCE OF ANY FINDING OF GRAVE ABUSE OF DISCRETION
ON THE LATTERS PART.
III.
THE COURT OF APPEALS COMMITTED SERIOUS ERRORS WHEN IT
REINSTATED AND AFFIRMED THE RULING OF THE LABOR
ARBITER AWARDING DISABILITY BENEFITS TO THE RESPONDENT
NOTWITHSTANDING
THE
ESTABLISHED
FACTS
THAT
RESPONDENTS ILLNESS IS NOT WORK-RELATED AND THAT
RESPONDENT HAS ALREADY BEEN DECLARED FIT TO WORK.
IV.