Case Digest (G.R. No. 164141)
Facts:
Tiger Construction and Development Corporation v. Reynaldo Abay, et al., G.R. No. 164141, February 26, 2010, Supreme Court Second Division, Del Castillo, J., writing for the Court. Petitioner Tiger Construction and Development Corporation (TCDC) sought review of the Court of Appeals' February 27, 2004 Resolution dismissing its petition for certiorari (CA-G.R. SP No. 82344) for failure to properly certify against forum-shopping, and the CA’s June 29, 2004 denial of reconsideration. The CA dismissed the petition because the certification was signed by the petitioner-corporation’s manager without proof he was authorized to represent the corporation; a subsequently produced board resolution granting authority was dated after the petition’s filing and therefore deemed an afterthought.Respondents are Reynaldo Abay and some sixty other employees who filed a labor complaint with the Regional Office of the Department of Labor and Employment (DOLE). DOLE inspectors found multiple labor standard violations during an inspection of TCDC’s premises, prompting proceedings under DOLE’s summary hearing procedure. On July 25, 2002, DOLE Regional Director Ma. Glenda A. Manalo (Director Manalo) issued an order endorsing the case to the NLRC Sub‑Arbitration Branch V, Naga City, on the ground that each worker’s aggregate money claim exceeded the regional office’s jurisdictional amount.
Before the NLRC acted, however, DOLE Secretary Patricia A. Sto. Tomas (Secretary Sto. Tomas) issued a new inspection authority on August 2, 2002; another inspection followed, a Notice of Inspection Results issued, and a summary hearing was held August 19, 2002. On September 30, 2002, Director Manalo ordered TCDC to pay P2,123,235.90 for various underpayments; TCDC filed a Motion for Reconsideration (Oct. 17, 2002) and a Supplemental Pleading (Nov. 21, 2002) asserting that the July 25, 2002 endorsement to the NLRC had divested Director Manalo of jurisdiction.
The NLRC later returned the records on January 27, 2003 for lack of jurisdiction, and Director Manalo on January 29, 2003 denied TCDC’s motion for reconsideration. Because TCDC did not appeal within the reglementary period, Director Manalo issued a Writ of Execution on February 12, 2003 and enforcement commenced. While execution was underway, TCDC filed a belated appeal to the DOLE Secretary on May 14, 2003; Secretary Sto. Tomas dismissed that appeal on January 19, 2004, holding that Director Manalo retained jurisdiction and that mistakes by regional agents do not bind the State (citing Guico v. Quisumbing).
TCDC then filed certiorari with the Court of Appeals, which dismissed the petition for lack of a valid certification against forum-shopping; its motion for reconsideration was denied because the board resolution authorizing the manag...(Pro-only)
Issues:
- May petitioner assail Director Ma. Glenda A. Manalo’s January 29, 2003 Order on the ground of lack of jurisdiction after that Order became final and executory and was already in the execut...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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