Skip to main content

Posts

Showing posts with the label Petition for Review on Certiorari

Rule 45 and the Limits of Judicial Review: The Case of Quirino T. Dela Cruz vs. National Police Commission

In legal disputes, procedural rules dictate how appeals are reviewed , ensuring that courts address only properly raised legal issues . The Supreme Court case of Quirino T. Dela Cruz vs. National Police Commission emphasizes the restrictions of Rule 45 , the importance of timely filing appeals , and the need for substantial evidence in administrative cases. Background of the Case SPO4 Quirino T. Dela Cruz was dismissed for grave misconduct following the unlawful warrantless arrest of Sonny H. Villarias , who was later exonerated by the Regional Trial Court (RTC) . Villarias filed a Complaint-Affidavit narrating the circumstances of his arrest, prompting the National Police Commission (NAPOLCOM) to charge Dela Cruz and another officer . The NAPOLCOM ruled against Dela Cruz , dismissing him from service on January 12, 2010 . Dela Cruz filed a motion for reconsideration on September 21, 2010 , beyond the non-extendible 10-day period , resulting in its denial on December 15, 2010 . ...

Rodriguez vs. Park N Ride, Inc., G.R. No. 222980, March 20, 2017, 821 SCRA 160

G.R. No. 222980| March 20, 2017 LOURDES C. RODRIGUEZ, petitioner, vs. PARK N RIDE, INC./VICEST (PHILS.), INC./GRAND LEISURE CORP./SPS. VICENTE & ESTELITA B. JAVIER, respondents. Ponente: LEONEN, J.: Doctrines: At the onset, we stress that only questions of law may be raised in a petition for review on certiorari under Rule 45 of the Rules of Court. Factual findings of the Labor Arbiter and the National Labor Relations Commission, if supported by substantial evidence and when upheld by the Court of Appeals, are binding and conclusive upon this Court when there is no cogent reason to disturb the same. In the present case, due to lack of any palpable error, mistake, or misappreciation of facts, this Court discerns no compelling reason to reverse the consistent findings of the appellate court and the labor tribunals. There is constructive dismissal when an employer’s act of clear discrimination, insensibility or disdain becomes so unbearable on the part of the employee so as to foreclo...