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Lilia Pascua, et al. vs. NLRC, et al.

LILIA PASCUA, MIMI MACANLALAY, SUSAN C. DE CASTRO, VIOLETA M. SORIANO and VICTORIA L. SANTOS, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION (Third Division) and TIONGSAN SUPER BAZAAR, respondents.

G.R. No. 123518 | 1998-03-13

D E C I S I O N

PANGANIBAN, J:

In granting this petition, the Court relies on the following doctrines: (1) where the conclusions of the NLRC and the labor arbiter are conflicting, this Court may review factual findings; (2) the employer has the burden of proof to show the validity of the dismissal; (3) a dismissal is deemed illegal unless the employer proves (a) just or authorized cause and (b) observance of due process; and (4) acceptance by the employee of separation pay does not estop him from alleging the illegality of his dismissal and from pressing for reinstatement.

The Case

This petition for certiorari under Rule 65 of the...