Title
Technical Education and Skills Development Authority vs. Abragar
Case
G.R. No. 201022
Decision Date
Mar 17, 2021
Ernesto Abragar alleged underpayment and constructive dismissal by Marble Center. NLRC ruled in his favor; TESDA intervened, citing Center’s non-juridical status. SC reversed CA, mandating joinder of indispensable parties for equitable resolution.

Case Digest (G.R. No. 201022)
Expanded Legal Reasoning Model

Facts:

  • Factual Background
    • On April 29, 2003, Ernesto Abragar filed a complaint before the NLRC Regional Arbitration Branch in San Fernando City against Marble Center (a training facility at TESDA, Guiguinto, Bulacan) and his supervisor, Philip Bronio, for underpayment/non-payment of wages, service incentive leave, 13th-month pay, and later constructive dismissal, separation pay, retirement pay, damages, and attorney’s fees.
    • Abragar alleged he was hired in September 1997 as a marble operator, worked six days a week until December 2002 when his schedule and pay were abruptly reduced, constituting constructive dismissal.
  • Procedural History
    • Labor Arbiter Decision (July 30, 2004): The LA found constructive dismissal, awarded separation pay (₱28,630.00), backwages (₱109,174.00), salary differential (₱17,492.67), service incentive leave pay (₱3,007.50), and 13th-month pay (₱5,746.00). No appeal was filed.
    • NLRC Resolutions and Execution:
      • December 29, 2004: Bronio’s motion for reconsideration; January 25, 2005: petition for relief from judgment—both denied, Decision became final.
      • Writ of execution issued; sheriff’s levy blocked at TESDA premises.
      • Bronio’s Motion to Quash execution; Abragar’s application for break-open order.
      • TESDA’s Intervention (Sept. 25, 2007): TESDA moved to quash execution, alleging Marble Center is a non-juridical entity under a MOA among TESDA, DTI, MAP, and Bulacan Province, and real parties-in-interest were not impleaded.
      • NLRC Resolution (June 30, 2008): Granted TESDA’s intervention, vacated LA decision, writ of execution, and break-open order; remanded for impleader of real parties.
      • CA Decision (March 13, 2012): Annulled NLRC resolutions for being filed after LA decision became final; reinstated LA decision.

Issues:

  • Fundamental Question
    • Did the Court of Appeals err in nullifying the NLRC’s grant of TESDA’s Appeal Memorandum in Intervention on the ground that the writ of execution was final and executory?
    • Whether the Marble Center’s lack of juridical personality and the non-joinder of indispensable parties rendered the proceedings void ab initio.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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