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INC Shipmanagement, Inc. Captain Sigfredo E. Monterroyo and/or Interorient Navigation Limited Vs. Alexander L. Moradas [Concurring and Dissenting Opinion J. Brion]

INC SHIPMANAGEMENT, INC., CAPTAIN SIG FREDO MONTERROTO AND/OR INTER ORIENT NAVIGATION LIMITED, Petitioners, vs. ALEXANDER L. MORADAS, Respondent. [Concurring and Dissenting Opinion J. Brion]

G.R. No. 178564 | 2014-01-15

CONCURRING AND DISSENTING OPINION
BRION,J.:

I concur with the ponencia 's conclusion that A'lexander L. Moradas' complaint for total and permanent disability benefits must be dismissed and consequently, the Court of Appeals (CA) ruling must be reversed and set aside. However, I strongly disagree with the legal framework of review it adopted in arriving at this conclusion. Due to its adoption of an erroneous framework of review, its basis for reversing the assailed CA ruling is necessarily tainted with serious legal error.

In this Opinion, I submit that the proper and legal framework of review of a CA decision in a labor case is that laid...