"x x x.
All three, Labor Arbiter, the NLRC and the CA ruled that there was an employer-employee relationship between Galang and Malasugui. We do not see any reason to rule otherwise. This Court is not a trier of facts and does not routinely undertake the re-examination of the evidence presented by the contending parties for the factual findings of the labor officials who have acquired expertise in their own fields are accorded respect and even finality if affirmed on appeal to the Court of Appeals.[28]
Such principle cannot, however, apply to the finding of illegal dismissal against Galang. The Labor Arbiter and the NLRC both ruled that there was no illegal dismissal, but the Court of Appeals reversed such findings. We find a need to look into the decision of the CA.
When supported by substantial evidence, the findings of fact of the CA are conclusive and binding on the parties and are not reviewable by this Court, unless the case falls under any of the following recognized exceptions:
(1) When the conclusion is a finding grounded entirely on speculation, surmises and conjectures;
(2) When the inference made is manifestly mistaken, absurd or impossible;
(3) Where there is a grave abuse of discretion;
(4) When the judgment is based on a misapprehension of facts;
(5) When the findings of fact are conflicting;
(6) When the Court of Appeals, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee;
(7) When the findings are contrary to those of the trial court [in this case the administrative bodies of Labor Arbiter and NLRC];
(8) When the findings of fact are conclusions without citation of specific evidence on which they are based;
(9) When the facts set forth in the petition as well as in the petitioners' main and reply briefs are not disputed by the respondents; and
(10) When the findings of fact of the Court of Appeals are premised on the supposed absence of evidence and contradicted by the evidence on record. (Emphasis and underscoring supplied)[29]
That said and done, we conclude that there was indeed an illegal dismissal of the respondent by the petitioner.