Case Digest (G.R. No. 123204)
Facts:
Nationwide Security and Allied Services, Inc. and/or its president/general manager filed a Rule 65 special civil action to nullify an NLRC order dated 21 November 1995 denying their motion to reduce the appeal bond. The petition arose from a labor case filed by Junjie B. Suicon on 8 September 1992 (amended on 19 October 1992) for wage-related underpayment and non-payment benefits, later including illegal dismissal.On 29 June 1995, the Labor Arbiter ordered petitioners, jointly and severally with GUANI Marketing Inc., to pay backwages totaling P397,990.19 excluding attorneys’ fees. Petitioners moved to reduce the appeal bond on 11 August 1995; the NLRC denied the motion on 21 November 1995, directing posting of the full P397,990.19 bond within five days, otherwise the appeal would be dismissed. The NLRC later dismissed the appeal for failure to post the required bond.
Issues:
- Whether the NLRC acted with grave abuse of discretion in denying the motion to reduce the appeal bon
Case Digest (G.R. No. 123204)
Facts:
- Nature of the special civil action
- Petitioners Nationwide Security and Allied Services, Inc. and/or President/General Manager filed a special civil action for certiorari under Rule 65 of the Rules of Court to nullify and set aside the Order dated 21 November 1995 of the National Labor Relations Commission (NLRC) in NLRC NCR CA 009674-95 (NCR-00-09-04937-92).
- The NLRC Order denied petitioners’ motion to reduce the appeal bond connected with petitioners’ appeal from the Decision dated 29 June 1995 of the Labor Arbiter in favor of private respondents.
- The Court noted that the relevant antecedents were not disputed and were summarized by the Office of the Solicitor General in its Comment.
- Labor Arbiter proceedings and money award
- On 8 September 1992, private respondent Junjie B. Suicon filed before the Labor Arbiter a complaint for underpayment of wages and non-payment of overtime, premium, holiday, service incentive leave, thirteenth month, and night shift differential pay against petitioners.
- On 19 October 1992, the complaint was amended to include a cause of action for illegal dismissal.
- On 29 June 1995, the Labor Arbiter issued a decision ordering petitioners to pay:
- Backwages of P195,585.00 representing wage differentials and premium pay for overtime work, and night duty of P176,518.94; and
- Thirteenth month pay of P25,886.25.
- The Labor Arbiter assessed attorneys’ fees equivalent to ten percent (10%) of the total amount.
- The aggregate of the awards excluding attorneys’ fees amounted to P397,990.19.
- Petitioners’ motion to reduce bond and NLRC disposition
- Petitioners received the Labor Arbiter decision and, on 11 August 1995 (four days after receipt), filed a Motion to Reduce Bond before the NLRC.
- Petitioners asserted that the judgment amount of P397,990.19 adjudged jointly and severally by Nationwide Security and Allied Services, Inc. and GUANI Marketing Inc. was based on “arbitrary figures” and that the Labor Arbiter’s findings showed whimsical, capricious, sham, frivolous, arbitrary or despotic action constituting grave abuse of discretion.
- Petitioners explained, as bases for the reduction request, that:
- The Labor Arbiter allegedly found illegal termination and awarded backwages from September 1, 1992 to June 30, 1995.
- Petitioners’ own computation showed that the amount due complainant was P37,538.17, which was allegedly previously attached to petitioners’ answer with cross claim and was stated to be supported by complaint sheet figures and the PADPAO rate, including figures showing P2,200 actual salary and P5,752.50 Padpao rate for 15 days and 31 days respectively.
- Because liability was joint and several between Nationwide Security and Allied Services, Inc. and GUANI Marketing Inc., and because Nationwide was allegedly not in a position to raise the whole amount of P37,538.17, petitioners requested approval of only one half (1/2) of P37,538.17 (i.e., P18,769.08) as the appeal or supersedeas bond to be posted by Nationwide.
- Petitioners filed a Memorandum on Appeal on 17 August 1995.
- On 21 November 1995, the NLRC issued the questioned Order denying the motion to reduce bond, holding that:
- Petitioners’ alleged inability to post the bond was without basis; and
- Granting the motion on petitioners’ stated grounds would be tantamount to ruling on the merits.
- The NLRC decretal portion directed petitioners to post the bond in the amount of P397,990.19 within five (5) days from receipt, otherwise the appeal would be dismissed, and it stated that no further motions for reconsideration would be entertained.
- Petitioners’ certiorari filing and subsequent dismissal of the appeal
- On 17 January 1996, petitioners filed the instant petition, urging that the NLRC acted without or in excess of jurisdiction or with grave abuse of discretion in issuing the Order of 21 November 1995.
- Petitioners relied on Star Angel Handicraft v. NLRC to argue for a liberal interpretation of the requirement of posting an appeal bond for perfection of an appeal under Arti...(Subscriber-Only)
Issues:
- Whether the NLRC acted with grave abuse of discretion in denying petitioners’ motion to reduce the appeal bond required for the perfection of their appeal from the Labor Arbiter’s Decision dated 29 June 1995
- Whether petitioners’ invocation of Star Angel Handicraft v. NLRC and other cases justified a reduction or a liberal approach to the bond requirement.
- Whether petitioners’ alleged inability to post the bond for P397,990.19, and their asserted unsoundness of using funds from sources other than business with Guani Marketing, Inc., constituted a le...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)