LARA VS DEL ROSARIO

LARA ET AL FILED A COMPLAINT TO RECOVER COMPENSATION FOR

OVERTIME WORK RENDERED BEYOND 8 HRS AND ON SUNDAYS AND
LEGAL HOLIDAYS AND 1 MONTH SALARY (MESADA)

*DEFENDANT, DEL ROSARIO OWNED 25 TAXI CABS OR CARS

*EMPLOYEES ARE 3 MECHANICS & 49 DRIVERS
*DEL ROSARIO SOLD HIS 25 UNITS OR CABS TO ANOTHER
TRANSPORTATION COMPANY (LA MALLORCA)
*HIS EMPLOYEES LOST THEIR JOB BECAUSE LA MALLORCA FAILED TO
CONTINUE THEM IN EMPLOYMENT

LARA (PLAINTIFF) DEL ROSARIO

* WORKING BEYOND 8 HRS & *PLAINTIFF WORK IN

ON SUNDAY & HOLIDAYS COMMISSION BASIS
* THE DEFENDANT FAILED TO (RECEIVING 20% OF THE
GIVE THEM 1 MONTH NOTICE GROSS RETURNS/EARNING

COMPLAINTS WAS DISMISSED

*TRANSPORTATION BUSINESS (PUBLIC UTILITY)

-CAME UNDER EXCEPTION PROVIDED BY THE 8-HR LABOR LAW (COMMONWEALTH ACT NO.
444)

*PLAINTIFF- NOT WORKING IN SALARY BASIS (NO FIXED/REGULAR SALARY OTHER THAN 20%
OF THEIR GROSS EARNINGS

*AS TO THE MONTH PAY (MESADA) UNDER ARTICLE 302 OF THE CODE OF COMMERCE
-ARTICLE 2270 OF THE NEW CIVIL CODE (RA 386) APPEARS TO HAVE REPEALED THIS ACT
WHEN IT REPEALED THE PROVISIONS OF THE CODE OF COMMERCE GOVERNING AGENCY.

-TOOK PLACED ON AUGUST 30, 1950 (1 YEAR AFTER ITS PUBLICATION IN THE OFFICIAL
GAZETTE)
-TERMINATION OF SERVICE OF THE PLAINTIFF TOOK PLACE ON SEPTEMBER 4, 1950 (AFTER
THE REPEAL OF ARTICLE 302)

-ARTICLE 302 REFERS TO EMPLOYEES RECEIVING A FIXED SALARY