Case Digest (G.R. No. 152343)
Facts:
- Ma. Fe Bacos is the petitioner; Domingo Arcega is the respondent.
- On February 11, 1998, Arcega filed a complaint for illegal dismissal against Viabel International Garments, Inc. and/or Marlon Viado.
- The complaint was registered as NLRC-NCR Case No. 00-02-01455-98.
- On February 25, 1999, Labor Arbiter Daisy G. Cauton-Barcelona ruled in favor of Arcega, declaring his dismissal illegal.
- The ruling ordered the respondents to pay Arcega a total of P90,000.00 in back wages, P45,000.00 in separation pay, P5,192.40 in service incentive leave pay, P27,000.48 in 13th month pay, and P16,719.28 in attorney's fees.
- Claims for moral and exemplary damages were dismissed for lack of merit.
- The decision became final and executory on May 21, 1999, due to the respondents' failure to appeal.
- A writ of execution was issued, and on June 8, 1999, the NLRC sheriff levied twenty-eight sewing machines for public auction.
- Ma. Fe Bacos filed a notice of third-party claim, asserting ownership of the sewing machines based on a Deed of Absolute Sale dated January 26, 1998.
- Arcega opposed Bacos' claim, labeling it frivolous and spurious.
- On January 10, 2000, Labor Arbiter Barcelona dismissed Bacos' claim, finding the Deed of Absolute Sale to be spurious.
- Bacos' appeal to the NLRC was dismissed on August 31, 2000, and her motion for reconsideration was denied on February 1, 2001.
- Bacos filed a petition for certiorari with the Court of Appeals, which was dismissed on November 9, 2001, for lack of evidence.
- The Court of Appeals noted the absence of the notarized document in the Clerk of Court's records.
- Bacos' motion for reconsideration was denied on February 19, 2002.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied Bacos' petition and affirmed the Decision and Resolution of the Court of Appeals in CA-G.R. SP No. 64177.
- The Court held that Bacos faile...(Unlock)
Ratio:
- The Supreme Court upheld the findings of the Labor Arbiter and the NLRC, which deemed the Deed of Absolute Sale presented by Bacos as spurious.
- A third-party claim must be supported by an affidavit detailing the claimant's title or right to possession of the...continue reading
Case Digest (G.R. No. 152343)
Facts:
The case involves Ma. Fe Bacos as the petitioner and Domingo Arcega as the respondent. The events leading to this case began on February 11, 1998, when Domingo Arcega filed a complaint for illegal dismissal and other monetary claims against Viabel International Garments, Inc. and/or Marlon Viado with the Labor Arbiter in Banawe, Quezon City. This complaint was docketed as NLRC-NCR Case No. 00-02-01455-98. On February 25, 1999, Labor Arbiter Daisy G. Cauton-Barcelona ruled in favor of Arcega, declaring his dismissal illegal and ordering the respondents to pay him various monetary claims totaling P90,000.00 in back wages, P45,000.00 in separation pay, P5,192.40 in service incentive leave pay, P27,000.48 in 13th month pay, and P16,719.28 in attorney's fees. The claims for moral and exemplary damages were dismissed for lack of merit.
After the decision became final and executory on May 21, 1999, due to the failure of Viabel and/or Marlon Viado to appeal, a writ of execution was issued. On June 8, 1999, the NLRC sheriff levied twenty-eight sewing machines belonging to Viabel and scheduled their sale at public auction for June 17, 1999. On the same day, Ma. Fe Bacos filed a notice of third-party claim with the NLRC, asserting that the sewing machines had been sold to her by Marlon Viado for P150,000.00, as evidenced by a Deed of Absolute Sale notarized on January 26, 1998.
Domingo Arcega opposed Bacos' claim, arguing that it was frivolous and spurious. On January 10, 2000, Labor Arbiter Barcelona dismissed Bacos' thir...