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WHEREFORE, judgment is hereby rendered
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ordering [Powerhouse], William Go,
[Catcher], Chen Wei, [JEJ] and Benedicto
Javier to jointly and severally pay
complainants the following amounts
corresponding to the unexpired term of their
employment contracts or three (3) months
salaries whichever is less and refund of
illegally deducted amounts in their wages: cralawlawlibrary
REFUND OF UNEXPIRED[
DEDUCTED ]TERM/3
NAME
AMOUNTS IN MONTHS
WAGES WAGES
2. LIZA
NT$80,000.00 NT$47,520.00
CABAD
3. NT$80,000.00 NT$47,520.00
EVANGELINE
NICMIC
4. EVA
NT$80,000.00 NT$47,520.00
LAMEYRA
5. ROSARIO
NT$80,000.00 NT$47,520.00
ABORDAJE
6. LILYBETH
NT$80,000.00 NT$47,520.00
MAGALANG
7. VENIA
NT$80,000.00 NT$47,520.00
BUYAG
8. JAYNALYN
NT$80,000.00 NT$47,520.00
NOLLEDO
9. IREN
NT$80,000.00 NT$47,520.00
NICOLAS
10. AILEEN
NT$80,000.00 NT$47,520.00
SAMALEA
11. SUSAN
NT$80,000.00 NT$47,520.00
YBA[Ñ]EZ
12. CHERYL
NT$80,000.00 NT$47,520.00
ANN ORIA
13. MA.
LIZA NT$80,000.00 NT$47,520.00
SERASPI
14.
KATHERINE NT$80,000.00 NT$47,520.00
ORACION
DECISION
JARDELEZA, J.:
Facts
VENTURANZA, AND
HERROSA LAW FIRM, I. WHETHER OR NOT THERE IS ILLEGAL
Respondents. DISMISSAL IF WORKERS CHOOSE TO
LEAVE THEIR PLACE OF WORK.
G.R. No. 204419,
November 07, 2016 - II. WHETHER OR NOT MONETARY AWARDS
PEOPLE OF THE IN LABOR CASES MAY BE AWARDED
PHILIPPINES, BASED ON MERE ALLEGATIONS.
Petitioner, v. HON.
EDMAR P. CASTILLO, III. WHETHER OR NOT THE TRANSFER OF
SR., AS PRESIDING ACCREDITATION TO ANOTHER
JUDGE OF BRANCH 6, RECRUITMENT AND PLACEMENT
REGIONAL TRIAL AGENCY, AS WELL AS THE ASSUMPTION
COURT, APARRI, OF ANY LIABILITY AS A CONSEQUENCE
CAGAYAN AND OF THIS TRANSFER, RELIEVED THE
JEOFREY JIL RABINO ORIGINAL RECRUITMENT AND
Y TALOZA, PLACEMENT AGENCY FROM ANY
Respondent.
LIABILITY.32
November 16, 2016 - also calls the attention of this Court to their substantial
PHILIPPINES, their Petition for Certiorari before the CA and prays for a
INTERNATIONAL
AIRPORT AUTHORITY The Court's Ruling
(MCIAA), Petitioner, v.
LIMBONHAI AND Before going into the substantive merits of the case, we
SONS, Respondent. shall first resolve the procedural issues raised by
respondents in their respective Comments.
G.R. No. 212008,
November 16, 2016 - In their Comment,33 respondent employees assert that
WILLIAM ENRIQUEZ Powerhouse failed to show any justifiable reason why it
AND NELIA-VELA
should be excused from the operation of the rules.34
ENRIQUEZ,
Moreover, the CA actually resolved the petition on the
Petitioners, v. ISAROG
merits but Powerhouse showed nothing to earn a
LINE TRANSPORT,
favorable ruling.35
INC. AND VICTOR
SEDENIO,
On the other hand, JEJ, in its Comment,36 avers that
Respondent.
Powerhouse failed to raise as an issue the dismissal of
Powerhouse's petition due to its gross and blatant
A.C. No. 11059,
violations of the requirements of Rule 65. Instead,
November 09, 2016 -
Powerhouse made assignments of errors, or what it
JOSE ANTONIO F.
called "novel questions of law," which is just a ploy to
BALINGIT,
seek the review of the factual findings of the CA and the
Complainant, v. ATTY.
RENATO M. NLRC.37
CERVANTES AND
ATTY. TEODORO B. The petition in the CA was timely filed.
DELARMENTE,
Respondent. Section 4, Rule 65 of the 1997 Rules of Civil Procedure,
(CIDG) - ANTI-
ORGANIZED CRIME
In this case, the verification and certification42 attached
DIVISION (AOCD)
to the petition before the CA was signed by William C.
(CIDG-AOCD) AND
Go, the President and General Manager of Powerhouse,
MYRNA UY TOMAS,
one of the officers enumerated in the foregoing
Respondent.
recognized exception. While the petition was not
accompanied by a Secretary's Certificate, his authority
G.R. No. 224302,
was ratified by the Board in its Resolution adopted on
November 29, 2016 -
HON. PHILIP A. October 24, 2007.43 Thus, even if he was not authorized
and Oracion.18
petition.25
cralawred
SANTIAGO, JACINTA
O. MALUBAY AND We likewise affirm the refund to the respondent
No. 210002 - ALDRIN contention that the claim for refund was based merely
v. COMMISSION ON present proof before the NLRC in the form of the two (2)
FERNAN V. SALAS, pay were deposited, were in the custody of the employer,
ARMED FORCES OF
THE PHILIPPINES), Sec. 10. Monetary Claims. - Notwithstanding
THE GRAVE SERVICES any provision of law to the contrary, the
UNIT (PHILIPPINE Labor Arbiters of the National Labor Relations
ARMY), AND GENERAL Commission (NLRC) shall have the original
RICARDO R. VISAYA and exclusive jurisdiction to hear and decide,
(IN HIS CAPACITY AS within ninety (90) calendar days after the
THE CHIEF OF STAFF, filing of the complaint, the claims arising out
ARMED FORCES OF of an employer-employee relationship or by
THE PHILIPPINES), virtue of any law or contract involving Filipino
DEFENSE SECRETARY workers for overseas deployment including
DELFIN LORENZANA, claims for actual, moral, exemplary and other
AND HEIRS OF forms of damages.
FERDINAND E.
MARCOS, The liability of the principal/employer
REPRESENTED BY HIS and the recruitment/placement agency
SURVIVING SPOUSE for any and all claims under this section
IMELDA ROMUALDEZ shall be joint and several. This provision
MARCOS, shall be incorporated in the contract for
Respondents.; RENE overseas employment and shall be a
A.V. SAGUISAG, SR., condition precedent for its approval. The
RENE A.Q. SAGUISAG, performance bond to be filed by the
JR., RENE A.C. recruitment/placement agency, as provided
SAGUISAG III, by law, shall be answerable for all monetary
Intervenors.; G.R. No. claims or damages that may be awarded to
225984 - REP. EDCEL the workers. If the
C. LAGMAN, IN HIS recruitment/placement agency is a
PERSONAL AND juridical being, the corporate officers
OFFICIAL CAPACITIES and directors and partners as the case
AND AS A MEMBER OF may be, shall themselves be jointly and
CONGRESS AND AS solidarity liable with the corporation or
THE HONORARY partnership for the aforesaid claims and
CHAIRPERSON OF THE damages.
FAMILIES OF VICTIMS
OF INVOLUNTARY Such liabilities shall continue during the
DISAPPEARANCE entire period or duration of the
(FIND); FAMILIES OF employment contract and shall not be
VICTIMS OF affected by any substitution, amendment
INVOLUNTARY or modification made locally or in a
DISAPPEARANCE foreign country of the said contract.
(FIND), REPRESENTED (Emphasis supplied.)
BY ITS CO-
CHAIRPERSON, NILDA xxx
L. SEVILLA; REP.
In Skippers United Pacific, Inc. v. Maguad,65 we ruled
TEDDY BRAWNER
that the provisions of the POEA Rules and Regulations
BAGUILAT, JR.; REP.
are clear enough that the manning agreement extends
TOMASITO S.
up to and until the expiration of the employment
VILLARIN; REP.
contracts of the employees recruited and employed
EDGAR R. ERICE; AND
REP. EMMANUEL A. pursuant to the said recruitment agreement.66 In that
BILLONES, Petitioners, case, we held that the Affidavits of Assumption of
v. EXECUTIVE Responsibility, though valid as between petitioner
SECRETARY Skippers United Pacific Inc. and the other two manning
39Rollo, p. 333.
G.R. No. 189026,
November 09, 2016 -
40Cagayan Valley Drug Corporation v.
PHILIPPINE
Commissioner of Internal Revenue, G.R. No.
TELEGRAPH
151413, February 13, 2008, 545 SCRA 10,
TELEPHONE CORP.,
18, citing Lepanto Consolidated Mining
Petitioner, v. SMART
Company v. WMC Resources International
COMMUNICATIONS,
Pty. Ltd. (Lepanto), G.R. No. 153885,
INC., Respondent.
September 24, 2003, 412 SCRA 101, 109;
Novelty Philippines, Inc. v. Court of Appeals,
G.R. No. 192369,
G.R. No. 146125, September 17, 2003, 411
November 09, 2016 -
SCRA 211, 217-220; Pfizer, Inc. v. Galan,
MARIA VICTORIA
G.R. No. 143389, May 25, 2001, 358 SCRA
TOLENTINO-PRIETO,
240, 246-248; and Mactan-Cebu
Petitioner, v. ROBERT
International Airport Authority v. Court of
S. ELVAS,
Appeals, G.R. No. 139495, November 27,
Respondent.; G.R. No.
2000, 346 SCRA 126, 132-133.
193685 - ROBERT S.
ELVAS, Petitioner, v.
41Cagayan Valley Drug Corp. v. CIR, supra,
INNSBRUCK
INTERNATIONAL at 18-19.
TRADING AND/OR
42 CA rollo, p. 22.
MARIVIC TOLENTINO
(A.K.A. MARIA
VICTORIA 43Id. at 162.
TOLENTINO-PRIETO),
Respondents. 44 See Swedish Match Philippines, Inc. v.
Treasurer of the City of Manila, G.R. No.
G.R. No. 222730,
181277, July 3, 2013, 700 SCRA 428, 437.
November 07, 2016 -
BUENAFLOR CAR 45Alfaro v. Court of Appeals, G.R. No.
SERVICES, INC.,
Petitioner, v. CEZAR 140812, August 28, 2001, 363 SCRA 799,
DURUMPILI DAVID, 806.
JR., Respondent.
46Rollo, pp. 464; 483.
G.R. No. 190203,
November 07, 2016 - 47G & M (Phils.), Inc. v. Cruz, G.R. No.
POWERHOUSE
140495, April 15, 2005, 456 SCRA 215, 220.
STAFFBUILDERS
INTERNATIONAL, 49G & M (Phils.), Inc. v. Cruz, supra at 217;
INC., Petitioner, v.
San Juan De Dios Educational Foundation
ROMELIA REY, LIZA
Employees Union-Alliance of Filipino Workers
CABAD, EVANGELINE
v. San Juan De Dios Educational Foundation,
NICMIC, EVA
Inc., G.R. No. 143341, May 28, 2004, 430
LAMEYRA, ROSARIO
SCRA 193, 205-206.
ABORDAJE, LILYBETH
MAGALANG, VENIA
50Tatel v. JLFP Investigation and Security
BUYAG, JAYNALYN
Agency, Inc., G.R. No. 206942, December 9,
NOLLEDO, IREN
2015.
NICOLAS, AILEEN
SAMALEA, SUSAN
51 See Nationwide Security and Allied
YBAÑEZ; CHERYL ANN
ORIA, MA. LIZA Services, Inc. v. Valderama, G.R. No.
FRANCISCO
DUMAGAL, JR., "SEC. 10. Money Claims. -
NELSON E. Notwithstanding any provision of
FRANCISCO, ELMER C. law to the contrary, the Labor
SAROMINES AND Arbiters of the National Labor
SAMUEL D. CORONEL, Relations Commission (NLRC)
Respondents. shall have the original and
exclusive jurisdiction to hear and
G.R. No. 219430, decide, within ninety (90)
November 07, 2016 - calendar days after the filing of
JINKY S. STA. ISABEL, the complaint, the claims arising
Petitioner, v. PERLA out of an employer-employee
COMPAÑIA* DE relationship or by virtue of any
SEGUROS, INC., law or contract involving Filipino
Respondent. workers for overseas deployment
including claims for actual, moral,
G.R. No. 221897, exemplary and other forms of
November 07, 2016 - damage. Consistent with this
ISIDRO QUEBRAL, mandate, the NLRC shall endeavor
ALBERTO ESQUILLO, to update and keep abreast with
RENANTE SALINSAN, the developments in the global
JEROME MACANDOG, services industry. chanroblesvirtuallawlibrary
EDGARDO
GAYORGOR, JIM xxx
ROBERT PERFECTO,
NOEL PERFECTO, "In case of termination of
DENNIS PAGAYON,
overseas employment without
AND HERCULANO
MACANDOG just, valid or authorized cause as
Petitioners, v. defined by law or contract, or any
ANGBUS unauthorized deductions from the
CONSTRUCTION, INC. migrant worker's salary, the
AND ANGELO worker shall be entitled to the full
BUSTAMANTE, reimbursement if his placement
Respondents. fee and the deductions made with
interest at twelve percent (12%)
G.R. No. 221465, per annum, plus his salaries for
November 16, 2016 - the unexpired portion of his
PEOPLE OF THE employment contract or for three
PHILIPPINES, Plaintiff- (3) months for every year of
Appellee, v. RODELIO the unexpired term, whichever
LOPEZ Y CAPULI, is less. chanroblesvirtuallawlibrary
Accused-Appellant.
x x x (Emphasis supplied.)
G.R. No. 160864,
56Supra note 53, at 54-55.
November 16, 2016 -
PEOPLE OF THE
PHILIPPINES, 57Rollo, pp. 260-261.
Petitioner, v.
EDUARDO M. 58 NLRC records, pp. 295-322.
COJUANGCO, JR.,
Respondent.; G.R. No. 59 RULES OF COURT, Rule 8, Sec. 11 in
160897 - REPUBLIC
relation to Sec. 3. Rule 1 of the NLRC Rules
OF THE PHILIPPINES,
of Procedure.
Petitioner, v.
EDUARDO M.
60Villar v. National Labor Relations
COJUANGCO, JR.,
Commission, G.R. No. 130935, May 11, 2000,
Respondent.
331 SCRA 686, 695.
NOVEMBER 2014 OF
62Supra note 53, at 64-68.
DOLORA CADIZ
KHANNA AGAINST
HON. EDGARDO L. 64 See Nacar v. Gallery Frames, G.R. No.
DELOS SANTOS, HON. 189871, August 13, 2013, 703 SCRA 439,
MARILYN B. LAGURA- 458.
YAP AND HON.
JHOSEP Y. LOPEZ, 65Rollo, pp. 82-84.
ASSOCIATE JUSTICES,
COURT OF APPEALS, 65 G.R. No. 166363, August 15, 2006, 498
JUDGE RONALD H.
SCRA 639.
EXMUNDO, REGIONAL
TRIAL COURT, 66Id. at 669.
BRANCH 4, KALIBO,
AKLAN, JUDGE FRICIA
67Id.
C. GOMEZ-GUILLEN,
BRANCH 15,
68 See Becmen Service Exporter and
METROPOLITAN TRIAL
COURT, MANILA AND Promotion, Inc. v. Cuaresma, G.R. Nos.
17, METROPOLITAN No. 99047, April 16, 2001, 356 SCRA 451.
TRIAL COURT,
69Sameer Overseas Placement Agency, Inc.
MANILA.
v. Cabiles, supra note 53-70.
G.R. No. 202114,
November 09, 2016 -
ELMER A. APINES,
Petitioner, v. ELBURG
SHIPMANAGEMENT Back to Home | Back to Main
PHILIPPINES, INC.,
AND/OR DANILO F.
VENIDA,
Respondents.
Decisions / Signed
Resolutions
G.R. No. 217379,
November 23, 2016 -
PEOPLE OF THE
PHILIPPINES, Plaintiff-
Appellee, v. EDUARDO
MARMOL Y BAUSO,
JR., Accused-
Appellant.
Decisions / Signed
Resolutions