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St. John Colleges, Inc. vs. St. John Academy Faculty and Employees Union [SEPARATE OPINION, CONCURRING AND DISSENTING, CALLEJO, SR., J.]

ST. JOHN COLLEGES, INC., Petitioner, versus ST. JOHN ACADEMY FACULTY AND EMPLOYEES UNION, Respondent.

G.R. No. 167892 | 2006-10-27

CONCURRING AND DISSENTING OPINION

CALLEJO, SR., J.:

I vote to grant the petition.

As a rule, the findings of the NLRC, as affirmed by the CA, are conclusive on this Court.  In this case, however, the findings of the Labor Arbiter are inconsistent with the findings of the NLRC and the appellate court. Thus, the Court, in the exercise of its equity jurisdiction, may look into the records of the case and review the questioned findings.[1]  Indeed, while only legal issues may be raised under Rule 45 of the Rules of Court, the Court is not precluded from resolving factual issues, particularly if the findings of the Labor Arbiter are...