SECOND DIVISION
G.R. No. 188828, March 05, 2014
CO SAY COCO PRODUCTS PHILS., INC., TANAWAN PORT SERVICES, EFREN CO SAY AND YVETTE SALAZAR, Petitioners, v. BENJAMIN BALTASAR, MARVIN A. BALTASAR, RAYMUNDO A. BOTALON, NILO B. BORDEOS, JR., CARLO B. BOTALON AND GERONIMO B. BAS, Respondents.
D E C I S I O N
PEREZ, J.:
Barely a month after they received their separation pay, respondents filed complaints8 for illegal dismissal and non–payment of labor standard benefits against petitioners Tanawan Port, Salazar, Co Say and Efren Co Say before the Labor Arbiter. In their Position Papers, respondents alleged that Tanawan Port was merely feigning losses in order to ease out employees, pointing out the absence of evidence to prove business reverses. Respondents also punctuated Tanawan Port’s failure to comply with the procedural requirement of sending notices to employees concerned and to the Department of Labor and Employment (DOLE) one month before the intended date of closure as required by law.
Name Separation Pay 13th Month Pay TOTAL Carlo Botalon P 18,000.00 P 3,750.00 P 21,750.00 Raymundo Botalon 18,000.00 4,125.00 22,125.00 Marvin Baltasar 12,000.00 2,500.00 14,500.00 Nilo Bordeos 10,000.00 2,291.69 12,291.69 Geronimo Bas 14,000.00 1,749.99 15,749.99 P 72,000.00 P 14,416.68 P 86,416.687
WHEREFORE, premises considered, judgment is hereby rendered declaring the dismissal of complainants as illegal, and directing respondent Co Say [C]oco Products Phil., Inc., and Efren Co Say being their employer, to reinstate them to their former positions without loss of seniority rights and privileges with full backwages from September 21, 2002 with earlier amount paid to the complainants to be deducted therefrom as of August 2003, is computed as follows:
1. BENJAMIN BALTASAR a) From September 2002 to August 2003 P768,000.00 b) 13th month pay for 2002 and 2003 128,000.00 c) Commission 2,887,182.38 P3,783,182.38 2. MARVIN BALTASAR a) Backwages from Sept. to August 2003 P108,000.00 b) 13th month pay for 2003 9,000.00 P117,000.00 3. CARLO BOTALON a) Backwages from Sept. to August 2003 P108,000.00 b) 13th month pay for 2003 9,000.00 P117,000.00 4. NILO BORDEOS a) Backwages from Sept. to August 2003 P108,000.00 b) 13th month pay for 2003 9,000.00 P117,000.00 5. RAYMUNDO BOTALON a) Backwages from September to August 2003 P108,000.00 b) 13th month pay for 2003 9,000.00 P117,000.00 6. GERONIMO BAS a) Backwages from Sept. to August 2003 P84,000.00 b) 13th month pay for 2003 7,000.00 P91,000.00
or a total of FOUR MILLION THREE HUNDRED FORTY–TWO THOUSAND ONE HUNDRED EIGHTY–TWO AND 38/100 (P4,342,182.38).
Respondents are ordered jointly and severally to pay attorney’s fee equivalent to 10% of the total award.11
I.
THE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF JURISDICTION WHEN IT RULED THAT AN AFFIDAVIT OF NON–FORUM SHOPPING WAS NOT NECESSARY IN THE COMPLAINTS FILED BY THE RESPONDENTS;II.
THE COURT OF APPEALS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF JURISDICTION WHEN IT RULED THAT THE RESPONDENTS FAILED TO PERFECT THEIR APPEAL ON TIME;III.
THE COURT OF APPEALS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF JURISDICTION WHEN IT DID NOT ADDRESS THE ISSUE OF WHETHER OR NOT THE TERMINATION OF THE EMPLOYER–EMPLOYEE RELATIONSHIP WAS FOR A CAUSE RECOGNIZED BY LAW; [AND]IV.
THE COURT OF APPEALS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF JURISDICTION WHEN IT DID NOT ADDRESS THE ISSUE OF WHETHER OR NOT THE RESPONDENT BENJAMIN BALTASAR HAS FULLY ESTABLISHED HIS RIGHT TO THIRTY (30) PERCENT OF THE GROSS SALES OF TANAWAN PORT SERVICES.17
CERTIFICATION
This is to certify that according to the records of this office, no appeal bond has been posted by the respondents in re: RAB–V Case Nos. 10–00486–02; 10–00513–02, to 10–00517–02, entitled, BENJAMIN BALTASAR, ET., AL., –versus– COSAY Coco Products Phil., ET., AL.
Issued this 2nd day of October, 2003, at Legazpi City, Philippines, upon request of Atty. J. Roberto J. Bernabe for whatever legal purpose this may serve.EDITH C. BUENAAGUA
Administrative Officer III20
CERTIFICATION
To Whom It May Concern;
This is to certify that according to the records of this office, Mr. Efren Cosay, respondent in re: RAB–V case no. 10–004860–02 entitled, Benjamin Baltazar vs. Cosay Coco Products Phil. Inc./Tanawan Port Service/Efren O. Cosay and Y[v]ette C. Salazar, posted Surety Bond in the amount of Four Million Three Hundred Forty Two Thousand One Hundred Eighty Two & Thirty Eight Centavos (Php. 4,342,182.38) dated on September 24, 2003. However said bond was received by this Branch only on October 28, 2003, (as per attached photocopy of the logbook).
Issued this 19th day of January 2004 upon request of Atty. Jesus Roberto J. Bernabe, for whatever legal purpose this may serve.EDITH C. BUENAAGUA
Administrative Officer III21
ART. 223. Appeal. – Decisions, awards, or orders of the Labor Arbiter are final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt of such decisions, awards, or orders. x x x.
x x x x
In case of a judgment involving a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in the amount equivalent to the monetary award in the judgment appealed from. (Emphasis ours).
SECTION 1. PERIODS OF APPEAL. – Decisions, awards, or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt thereof; and in case of decisions or resolutions of the Regional Director of the Department of Labor and Employment pursuant to Article 129 of the Labor Code, within five (5) calendar days from receipt thereof. If the 10th or 5th day, as the case may be, falls on a Saturday, Sunday or holiday, the last day to perfect the appeal shall be the first working day following such Saturday, Sunday or holiday.
No motion or request for extension of the period within which to perfect an appeal shall be allowed.
SECTION 2. GROUNDS. – The appeal may be entertained only on any of the following grounds:
a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Regional Director; b) If the decision, award or order was secured through fraud or coercion, including graft and corruption; c) If made purely on questions of law; and/or d) If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant.
SECTION 3. WHERE FILED. – The appeal shall be filed with the Regional Arbitration Branch or Regional Office where the case was heard and decided.
SECTION 4. REQUISITES FOR PERFECTION OF APPEAL. – a) The appeal shall be:
(1) filed within the reglementary period provided in Section 1 of this Rule; (2) verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended; (3) in the form of a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement of the date the appellant received the appealed decision, award or order; (4) in three (3) legibly typewritten or printed copies; and (5) accompanied by: i) proof of payment of the required appeal fee and legal research fee; ii) posting of a cash or surety bond as provided in Section 6 of this Rule; and iii) proof of service upon the other parties.
b) A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of the period for perfecting an appeal.
c) The appellee may file with the Regional Arbitration Branch or Regional Office where the appeal was filed, his/her answer or reply to appellant’s memorandum of appeal, not later than ten (10) calendar days from receipt thereof. Failure on the part of the appellee who was properly furnished with a copy of the appeal to file his/her answer or reply within the said period may be construed as a waiver on his/her part to file the same.
d) Subject to the provisions of Article 218 of the Labor Code, once the appeal is perfected in accordance with these Rules, the Commission shall limit itself to reviewing and deciding only the specific issues that were elevated on appeal.
SECTION 5. APPEAL FEE. – The appellant shall pay the prevailing appeal fee and legal research fee to the Regional Arbitration Branch or Regional Office of origin, and the official receipt of such payment shall form part of the records of the case.
SECTION 6. BOND. – In case the decision of the Labor Arbiter or the Regional Director involves a monetary award, an appeal by the employer may be perfected only upon the posting of a bond, which shall either be in the form of cash deposit or surety bond equivalent in amount to the monetary award, exclusive of damages and attorney’s fees.
In case of surety bond, the same shall be issued by a reputable bonding company duly accredited by the Commission or the Supreme Court, and shall be accompanied by original or certified true copies of the following:
a) a joint declaration under oath by the employer, his/her counsel, and the bonding company, attesting that the bond posted is genuine, and shall be in effect until final disposition of the case. b) an indemnity agreement between the employer–appellant and bonding company; c) proof of security deposit or collateral securing the bond: provided, that a check shall not be considered as an acceptable security; d) a certificate of authority from the Insurance Commission; e) certificate of registration from the Securities and Exchange Commission; f) certificate of accreditation and authority from the Supreme Court; and g) notarized board resolution or secretary’s certificate from the bonding company showing its authorized signatories and their specimen signatures.
The Commission through the Chairman may on justifiable grounds blacklist a bonding company, notwithstanding its accreditation by the Supreme Court.
A cash or surety bond shall be valid and effective from the date of deposit or posting, until the case is finally decided, resolved or terminated, or the award satisfied.
This condition shall be deemed incorporated in the terms and conditions of the surety bond, and shall be binding on the appellants and the bonding company.
The appellant shall furnish the appellee with a certified true copy of the said surety bond with all the above–mentioned supporting documents. The appellee shall verify the regularity and genuineness thereof and immediately report any irregularity to the Commission.
Upon verification by the Commission that the bond is irregular or not genuine, the Commission shall cause the immediate dismissal of the appeal, and censure the responsible parties and their counsels, or subject them to reasonable fine or penalty, and the bonding company may be blacklisted.
No motion to reduce bond shall be entertained except on meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to the monetary award.
The mere filing of a motion to reduce bond without complying with the requisites in the preceding paragraphs shall not stop the running of the period to perfect an appeal.
2.a | The rule requires that the bond — the posting of which perfects an appeal “shall either be in the form of cash deposit or surety bond x x x.” If the bond is in the form of surety bond, there are two separate requirements: first, the surety bond must be issued by a reputable company duly accredited by the Commission or the Supreme Court and second, the surety bond that was issued by the rule–compliant bonding company must be accompanied by original or certified true copies of no less than seven (7) other documents. Clearly, the issuance of the surety bond, as erroneously considered by the Second Certification, cannot be the posting required by the rule. It is only one of the two requirements of posting. |
Endnotes:
* Per Special Order No. 1644 dated 25 February 2014.
1 Penned by Associate Justice Romeo F. Barza with Associate Justices Bienvenido L. Reyes (now a Member of this Court) and Arcangelita M. Romilla–Lontok, concurring. Rollo, pp. 38–55.
2 Id. at 56–57.
3 Id. at 59–60.
4 Benjamin Baltasar, Marvin A. Baltasar, Raymundo Botalon, Nilo B. Bordeos, Jr., Carlo B. Botalon and Geronimo Bas were respectively hired on 1 April 2002, 6 May 2002, 15 April 2002, 15 April 2002, 2 May 2002 and 1 July 2002. CA rollo, p. 105.
5Rollo, pp. 68–69.
6 Id. at 70.
7 Id. at 71.
8 Id. at 74–85.
9 CA rollo, pp. 105–112.
10 Rollo, pp. 86–96.
11 Id. at 95–96.
12 Id. at 122–134.
13 Id. at 135–136.
14 Id. at 38–55.
15 Id. at 56–57.
16 Id. at 8–36.
17 Id. at 23–24.
18 Exceptions: a) the conclusion is a finding of fact grounded on speculations, surmises and conjectures; b) the inferences made are manifestly mistaken, absurd or impossible; c) there is a grave abuse of discretion; d) there is misappreciation of facts; and e) the court, in arriving in its findings, went beyond the issues of the case and the same are contrary to the admission of the parties or the evidence presented. See OSM Shipping Phil., Inc. v. Dela Cruz, 490 Phil. 392, 402 (2005).
19Bughaw, Jr., v. Treasure Island Industrial Corporation, 573 Phil. 435, 442 (2008).
20 CA rollo, p. 165.
21 Id. at 64.
22 Blue Sky Trading Company, Inc. v. Blas, G.R. No. 190559, 7 May 2012, 667 SCRA 727, 744.
23 Colby Construction and Management Corporation and/or Lo v. NLRC, 564 Phil. 145, 156 (2007).
24Rollo, p. 147.
25 2011 NLRC Rules of Procedure, Rule VI provide:
SECTION 1. PERIODS OF APPEAL. – Decisions, awards, or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt thereof; and in case of decisions or resolutions of the Regional Director of the Department of Labor and Employment pursuant to Article 129 of the Labor Code, within five (5) calendar days from receipt thereof. If the 10th or 5th day, as the case may be, falls on a Saturday, Sunday or holiday, the last day to perfect the appeal shall be the first working day following such Saturday, Sunday or holiday.
No motion or request for extension of the period within which to perfect an appeal shall be allowed.
SECTION 2. GROUNDS. – The appeal may be entertained only on any of the following grounds:
a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Regional Director;
b) If the decision, award or order was secured through fraud or coercion, including graft and corruption;
c) If made purely on questions of law; and/or
d) If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant.
SECTION 3. WHERE FILED. – The appeal shall be filed with the Regional Arbitration Branch or Regional Office where the case was heard and decided.
SECTION 4. REQUISITES FOR PERFECTION OF APPEAL. – a) The appeal shall be:
(1) filed within the reglementary period provided in Section 1 of this Rule;
(2) verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended;
(3) in the form of a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement of the date the appellant received the appealed decision, award or order;
(4) in three (3) legibly typewritten or printed copies; and
(5) accompanied by:i) proof of payment of the required appeal fee and legal research fee;b) A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of the period for perfecting an appeal.
ii) posting of a cash or surety bond as provided in Section 6 of this Rule;
and
iii) proof of service upon the other parties.
c) The appellee may file with the Regional Arbitration Branch or Regional Office where the appeal was filed, his/her answer or reply to appellant’s memorandum of appeal, not later than ten (10) calendar days from receipt thereof. Failure on the part of the appellee who was properly furnished with a copy of the appeal to file his/her answer or reply within the said period may be construed as a waiver on his/her part to file the same.
d) Subject to the provisions of Article 218 of the Labor Code, once the appeal is perfected in accordance with these Rules, the Commission shall limit itself to reviewing and deciding only the specific issues that were elevated on appeal.
SECTION 5. APPEAL FEE. – The appellant shall pay the prevailing appeal fee and legal research fee to the Regional Arbitration Branch or Regional Office of origin, and the official receipt of such payment shall form part of the records of the case.
SECTION 6. BOND. – In case the decision of the Labor Arbiter or the Regional Director involves a monetary award, an appeal by the employer may be perfected only upon the posting of a bond, which shall either be in the form of cash deposit or surety bond equivalent in amount to the monetary award, exclusive of damages and attorney’s fees.
In case of surety bond, the same shall be issued by a reputable bonding company duly accredited by the Commission or the Supreme Court, and shall be accompanied by original or certified true copies of the following:
a) a joint declaration under oath by the employer, his/her counsel, and the bonding company, attesting that the bond posted is genuine, and shall be in effect until final disposition of the case.
b) an indemnity agreement between the employer–appellant and bonding company;
c) proof of security deposit or collateral securing the bond: provided, that a check shall not be considered as an acceptable security;
d) a certificate of authority from the Insurance Commission;
e) certificate of registration from the Securities and Exchange Commission;
f) certificate of accreditation and authority from the Supreme Court; and
g) notarized board resolution or secretary’s certificate from the bonding company showing its authorized signatories and their specimen signatures.
The Commission through the Chairman may on justifiable grounds blacklist a bonding company, notwithstanding its accreditation by the Supreme Court.
A cash or surety bond shall be valid and effective from the date of deposit or posting, until the case is finally decided, resolved or terminated, or the award satisfied.
This condition shall be deemed incorporated in the terms and conditions of the surety bond, and shall be binding on the appellants and the bonding company.
The appellant shall furnish the appellee with a certified true copy of the said surety bond with all the above–mentioned supporting documents. The appellee shall verify the regularity and genuineness thereof and immediately report any irregularity to the Commission.
Upon verification by the Commission that the bond is irregular or not genuine, the Commission shall cause the immediate dismissal of the appeal, and censure the responsible parties and their counsels, or subject them to reasonable fine or penalty, and the bonding company may be blacklisted.
No motion to reduce bond shall be entertained except on meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to the monetary award.
The mere filing of a motion to reduce bond without complying with the requisites in the preceding paragraphs shall not stop the running of the period to perfect an appeal.
26 2011 NLRC Rules of Procedure, Rule VI, Section 6.
27Computer Innovations Center v. NLRC, 500 Phil. 573, 580 (2005).
28 Id.
29Colby Construction and Management Corporation and/or Lo v. NLRC, supra note 23 at 157.
30Coral Point Development Corporation v. NLRC, 383 Phil. 456, 463–464 (2000).
31Colby Construction and Management Corporation and/or Lo v. NLRC, supra note 23 at 162.
32Banahaw Broadcasting Corporation v. Pacana III, G.R. No. 171673, 30 May 2011, 649 SCRA 196, 210.
33Computer Innovations Center v. NLRC, supra note 27 at 582.
34 Id.
35Manaban v. Sarphil Corporation/Apokon Fruits, Inc., 495 Phil. 222, 235 (2005).
36 Id.
37 Mendoza v. Fil–Homes Development Corporation, G.R. No. 194653, 8 February 2012, 665 SCRA 628, 634