Practice question
A party challenges a Labor Secretary ruling actually issued through assumption of jurisdiction over a national-interest dispute. It timely seeks reconsideration and then files a CA Rule65 petition within 60 days from notice of denial. The opponent argues that an agency provision calling the decision 'final' eliminates all extraordinary judicial review. Which answer is correct?
- Agency finality necessarily eliminates every judicial remedy.
- The party must instead ask the employer to reverse the ruling.
- The CA cannot review any Labor Secretary act.
- The finality provision does not itself eliminate proper Rule65 review; the petitioner must still establish the remedy's substantive and procedural requisites.
- Timeliness alone means the CA must reverse the Secretary.
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/36394 — St. Martin Funeral Home v. NLRC, G.R.130866, September16 1998, main opinion.
- https://www.lawphil.net/judjuris/juri2014/feb2014/gr_180962_2014.html — Philtranco Service Enterprises v. PWU-AGLO, G.R.180962, February26 2014, main opinion; Rule65 Sections1 and4.
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