Case Digest (G.R. No. 211073)
Facts:
Efren Santos, Jr. and Jeramil Salmasan v. King Chef/Marites Ang/Joey Delos Santos, G.R. No. 211073, November 25, 2020, Supreme Court Third Division, Hernando, J., writing for the Court. Petitioners Efren Santos, Jr. and Jeramil Salmasan (both cooks) filed this Rule 45 Petition for Review on Certiorari seeking to reverse the Court of Appeals’ October 22, 2013 Decision and January 21, 2014 Resolution affirming the National Labor Relations Commission’s (NLRC) modification of a Labor Arbiter’s award; respondents are the restaurant King Chef, its owner Marites Ang, and General Manager Joey Delos Santos.
Petitioners began employment in 2010–2011. On December 25, 2011 Santos worked only a half day and Salmasan did not report for work; petitioners allege that when they attempted to return they were told by the chief cook that they were terminated and were thereafter barred from entering the workplace. On January 2 (or, by petitioners’ account, January 20) 2012 they filed a complaint for illegal dismissal and related claims against respondents.
The Labor Arbiter (LA), in an October 29, 2012 Decision, found in favor of petitioners and granted backwages, separation pay and attorney’s fees, concluding there was illegal dismissal. The NLRC, by Resolution dated February 28, 2013, modified the LA decision: it held petitioners failed to prove that they were dismissed and deleted awards for full backwages and separation pay, reducing attorney’s fees accordingly. The Court of Appeals affirmed the NLRC in its October 22, 2013 Decision (CA-G.R. SP No. 130662), and denied petitioners’ motion ...(Pro-only)
Issues:
- Under Rule 45, may the Supreme Court review the factual findings of the LA and the NLRC in this case?
- Were petitioners illegally dismi...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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