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All Jurisprudence based

0 tracked cards Labor and Social Legislation

In a case where a private university terminated a faculty member for alleged misconduct, the Labor Arbiter ruled in favor of the faculty and ordered reinstatement with back wages. The university appealed to the NLRC through Commission Proper, which reversed the Labor Arbiter and dismissed the complaint. The faculty then filed a petition for certiorari under Rule 65 with the Supreme Court, alleging grave abuse of discretion by Commission Proper. Which of the following statements best describes the controlling doctrine, standard of review for Commission Proper decisions, and the proper remedy and scope of Supreme Court review in Commission Proper decisions under RA 9347?

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The controlling doctrine: grave abuse of discretion amounting to lack or excess of jurisdiction; Standard of review: limited to grave abuse and not mere errors of law; The Labor Arbiter’s findings of fact are binding if supported by substantial evidence; The proper remedy is a petition for certiorari under Rule 65; The Supreme Court must determine whether Commission Proper gravely abused its discretion by misapplying the law or misappreciating the evidence. The controlling doctrine: grave abuse; Standard of review: the Supreme Court reviews only the legal conclusions of Commission Proper; The remedy: a petition for certiorari; The Court cannot inquire into the factual record. The controlling doctrine: substantial evidence; Standard of review: the Supreme Court may reweigh the Labor Arbiter's findings of fact on certiorari; The remedy is a petition for certiorari under Rule 65; The Court may substitute its own findings if the evidence is conflicting. The controlling doctrine: RA 9347 governs Commission Proper; Standard of review: Commission Proper may review findings of fact de novo on certiorari; The remedy: certiorari; The Court may substitute its own findings.

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