4/15/2021
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II.
THE HONORABLE COURT OF APPEALS GRAVELY ERRED UNDER THE RULES
AND PREVAILING JURISPRUDENCE WHEN IT DID NOT ALSO DISMISS THE
PETITION FOR REVIEW FILED BEFORE IT BY HEREIN RESPONDENTS FOR
THEIR WILLFUL AND DELIBERATE ACTS OF FORUM SHOPPING.
III.
THE HONORABLE COURT OF APPEALS GRAVELY ERRED UNDER THE LAW
AND THE RULES WHEN IT DID NOT DISMISS RESPONDENTS' PETITION FOR
REVIEW ON THE ADDITIONAL GROUND THAT RESPONDENTS MOTION FOR
THE RECONSIDERATION OF THE VA PANEL'S DECISION OF 02 FEBRUARY
2015 WAS NOT DULY FILED.
IV.
THE HONORABLE COURT OF APPEALS GRAVELY ERRED UNDER THE RULES
AND COMMITTED GRAVE ABUSE OF DISCRETION WHEN IT DISREGARDED
THE WELL-ENTRENCHED RULE THAT FACTUAL FINDINGS OF QUASIJUDICIAL BODIES ARE ACCORDED NOT ONLY GREAT RESPECT BUT EVEN
FINALITY.
A. THE HONORABLE COURT OF APPEALS GRAVELY ERRED
AND COMMITTED GRAVE ABUSE OF DISCRETION
WHEN IT REVERSED THE FINDING OF THE VA PANEL A
QUO THAT NO ADEQUATE EVIDENCE EXITS THAT
SEAFARER BORRETA, JR. COMMITTED SUICIDE.
B. THE HONORABLE COURT OF APPEALS GRAVELY ERRED
UNDER THE LAW AND COMMITTED GRAVE ABUSE OF
DISCRETION WHEN IT REVERSED THE FINDING OF
THE VA PANEL A QUO HOLDING RESPONDENTS LIABLE
TO PAY INSURANCE BENEFIT[S] UNDER R.A. 10022.
C. THE HONORABLE COURT OF APPEALS GRAVELY ERRED
AND COMMITTED GRAVE ABUSE OF DISCRETION
WHEN IT REVERSED THE RULING OF THE VA PANEL A
QUO HOLDING RESPONDENTS LIABLE FOR CBA
MANDATED OVERTIME PAY, LEAVE PAY, SUBSISTENCE
ALLOWANCE AND OWNER’S BONUS.
D. THE HONORABLE COURT OF APPEALS GRAVELY ERRED
UNDER THE LAW AND JURISPRUDENCE AND
COMMITTED GRAVE ABUSE OF DISCRETION WHEN IT
REVERSED THE VA PANEL’S AWARD OF MORAL AND
EXEMPLARY DAMAGES AND ATTORNEY’S FEES.[46]
The Arguments of the Parties
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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