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Daniel V. Zarate, Jr. vs Hon. Norma C. Olegario, Et Al.

DANIEL V. ZARATE, JR., petitioner, vs. Hon. NORMA C. OLEGARIO, in her capacity as Executive Labor Arbiter; NATIONAL LABOR RELATIONS COMMISSION; and the BENGUET ELECTRIC COOPERATIVE, INC. (BENECO), respondents.

G.R. No. 90655 | 1996-10-07

D E C I S I O N


PANGANIBAN, J.:

May a final and executory judgment ordering reinstatement of a dismissed employee be set aside, and may separation pay be granted in lieu thereof? May decisions or orders of labor arbiters be elevated by certiorari to the Supreme Court?

The Court addresses these questions in resolving the instant petition assailing the Order[1] dated August 1, 1989, of Executive Labor Arbiter Norma C. Olegario in NLRC Case No. RAB-I-0015-84 entitled "Daniel V. Zarate, Jr. vs. Benguet Electric Cooperative, Inc., et. al.", where the fallo reads:[2]

"WHEREFORE, the motion for the issuance of an alias writ of execution to...