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disregarded by the NLRC in relation to all other evidence on record.
The CA can grant a petition when the factual findings complained of are not
supported by the evidence on record; when it is necessary to prevent a
substantial wrong or to do substantial justice; when the findings of the
NLRC contradict those of the LA; and when necessary to arrive at a just
decision of the case. Thus, contrary to the contention of petitioner, the CA
can review the finding of facts of the NLRC and the evidence of the
parties to determine whether the NLRC gravely abused its discretion
x x x.[41]
Second, petitioner asserts that the CA "has committed palpable error and grave abuse
of discretion when it did not dismiss the petition of respondents under Rule 65,
although the petition is already rendered moot and academic considering that
respondents had already fully settled the judgment award of this case at the level of
the Honorable Labor Arbiter a quo during the time that this case is under pre-execution
proceedings."[42]
The Court does not agree.
The petition for certiorari filed by respondents with the CA was not rendered moot and
academic by their satisfaction of the judgment award in compliance with the writ of
execution issued by the LA. The case of Career Philippines Shipmanagement, Inc. v.
Madjus,[43] cited by petitioner, finds no application in the present case. In the said
case, while the petitioner employer had the luxury of having other remedies available
to it such as its petition for certiorari pending before the CA and an eventual appeal to
this Court, the respondent seafarer, in consideration of the satisfaction of judgment
made by his employer, was made to execute an affidavit where he undertook that he
will no longer pursue other claims after receiving payment arising from his employer's
satisfaction of the judgment award. For equitable considerations, this Court held that
the LA and the CA could not be faulted for interpreting the employer's "conditional
settlement" to be tantamount to an amicable settlement of the case resulting in the
mootness of the petition for certiorari filed by the employer before the CA.[44]
In the instant case, however, the records at hand show that no form of settlement was
executed between the parties. Respondents' payment of the judgment award, without
prejudice, required no obligations whatsoever on the part of petitioner. The satisfaction
of the judgment award may not be considered as an amicable settlement between the
parties as it was simply made in strict compliance with or wholly by virtue of satisfying
a duly issued writ of execution. Thus, the equitable ruling in Career Philippines, may
not be made to apply in the present case, otherwise, it would be unfair to respondents
because it would prevent them from availing of the remedies available to them under
the Rules of Court, such as the petition for certiorari they filed with the CA.
Having disposed of the procedural matters, the Court will now proceed to address the
substantive issues in the instant petition.
The merits of the present case should be resolved taking into consideration the parties'
contract as well as the prevailing law and rules at the time that petitioner was
employed. In this regard, it settled that while the seafarer and his employer are
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