Case Digest (G.R. No. 179652)
Facts:
Peoples Broadcasting Service (Bombo Radyo Phils., Inc.) v. The Secretary of the Department of Labor and Employment, G.R. No. 179652, March 06, 2012, the Supreme Court En Banc, Velasco Jr., J., writing for the Court.Petitioner Peoples Broadcasting Service (Bombo Radyo Phils., Inc.) was respondent to a complaint filed by private respondent Jandeleon Juezan with the DOLE Regional Office No. VII asserting multiple money claims (illegal deductions, unpaid service incentive leave, 13th month pay, premium pay, late wages, and noncoverage of social benefits). The DOLE conducted an inspection and summary investigation and, after position papers, the DOLE Regional Director found an employer-employee relationship and ordered payment to Juezan.
Petitioner sought reconsideration before the DOLE Secretary but the Acting DOLE Secretary dismissed the appeal on the ground that petitioner had submitted a Deed of Assignment of Bank Deposit instead of the cash or surety bond required under Article 128(b) of the Labor Code. Petitioner then filed a petition for certiorari under Rule 65 with the Court of Appeals, which affirmed the DOLE’s exercise of jurisdiction and held petitioner had been accorded due process; the CA relied on the view that Republic Act No. 7730 removed the Php5,000 jurisdictional limitation.
Petitioner next filed a Rule 65 petition with the Supreme Court. In a May 8, 2009 decision, the Court’s Second Division reversed the CA, annulled the DOLE orders, and dismissed Juezan’s complaint after finding no employer-employee relationship. That Decision held the NLRC as the primary agency to determine employer-employee status and treated DOLE findings as preliminary. The Public Attorney’s Office (on behalf of the private respondent) moved for clarification; DOLE also sought clarification. Treating the motion as a second motion for reconsideration, the Court reinstated the p...(Pro-only)
Issues:
- Whether, under Article 128(b) of the Labor Code as amended by RA 7730, the DOLE Secretary (or duly authorized representatives) has the authority in the exercise of its visitorial and enforcement power to determine the existence of an employer-employee relationship, to the exclusion of the NLRC.
- Whether the DOLE had jurisdiction in this case — i.e., whether an employer-employee relationship existed between Peoples Broadcasting Service and Jandeleon Juezan.
- Whether a Deed of Assignment of Bank Deposit may be accepted as a substitute for the cash or surety bond required to ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)