Title
Lirio vs. Genovia
Case
G.R. No. 169757
Decision Date
Nov 23, 2011
Petitioner Lirio terminated the respondent Genovia's services without due process, leading to a claim for illegal dismissal. The court upheld Genovia's right to backwages and separation pay.

Case Digest (G.R. No. 145226)
Expanded Legal Reasoning Model

Facts:

# Employment and Duties

  • On August 15, 2001, respondent Wilmer D. Genovia was hired by petitioner Cesar Lirio, owner of Celkor Ad Sonicmix Recording Studio (Celkor), as a studio manager. His duties included managing and operating the studio, promoting its services, and selling to clients. He received a monthly salary of ₱7,000.00 and an additional commission of ₱100.00 per hour as a recording technician.
  • Respondent worked from Monday to Friday, 9:00 a.m. to 6:00 p.m., and half-days on Saturdays, often extending to eight hours or more. Overtime work was common, but no daily time records were kept to avoid paying overtime.

# Additional Work on Album Production

  • Shortly after starting, petitioner asked respondent to compose and arrange songs for his daughter’s album, promising compensation. Respondent worked on the album during his spare time, completing the compositions and arrangements by mid-November 2001. He also handled technical aspects like digital editing and sound engineering.
  • By February 2002, the album was in the manufacturing stage, and the carrier single, composed by respondent, was aired on the radio on February 22, 2002.

# Dispute Over Compensation

  • On February 26, 2002, respondent reminded petitioner about his compensation. Petitioner offered 20% of the net profit, deducting the salaries respondent received as studio manager. Respondent objected, insisting on proper compensation.
  • On March 14, 2002, petitioner verbally terminated respondent’s services without a hearing.

# Legal Proceedings

  • Respondent filed a complaint for illegal dismissal, non-payment of commission, and damages. He sought reinstatement, backwages, separation pay, unpaid commission, and moral/exemplary damages.
  • The Labor Arbiter ruled in favor of respondent, finding illegal dismissal and ordering payment of backwages, separation pay, and damages. The NLRC reversed this decision, but the Court of Appeals reinstated the Labor Arbiter’s ruling, deleting the award of commission and damages.

Issues:

  • Whether an employer-employee relationship existed between petitioner and respondent.
  • Whether respondent was illegally dismissed.
  • Whether the Court of Appeals erred in reversing the NLRC’s decision and reinstating the Labor Arbiter’s ruling.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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