Title
Supreme Court
Times Transportation Co., Inc. vs. Sotelo
Case
G.R. No. 163786
Decision Date
Feb 16, 2005
Times and Mencorp failed to perfect appeal; corporate veil pierced due to fraudulent asset transfer to evade labor dispute liabilities.

Case Digest (G.R. No. 163786)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Petitioner Times Transportation Company, Inc. (Times) was a land transportation corporation that closed in 1997.
    • Respondents were employees of Times and members of the Times Employees Union (TEU), duly certified as sole bargaining agent after a certification election on July 1, 1997.
  • Strikes and Initial Proceedings
    • First Strike (March 3–12, 1997): held by TEU, declared legal by NLRC; return-to-work order issued March 10, 1997.
    • Second Strike (October 17, 1997): declared illegal by NLRC; 23 participants deemed to have lost employment.
  • Retrenchment and Transfer of Assets
    • Retrenchment notices dated September 16, 1997 were issued to some employees, including respondents, effective 30 days later.
    • On December 12, 1997 Times’ Certificates of Public Convenience and bus units were sold to Mencorp Transport Systems, Inc., controlled by the daughter and relatives of Times’ majority stockholder.
  • Labor Arbiter and NLRC Decisions
    • NLRC Decision May 21, 1998: upheld first strike as legal, second strike as illegal, and denied TEU’s motion to implead Mencorp.
    • CA affirmed NLRC Decision on November 17, 2000; SC petition (G.R. 148500-01) pending.
  • Unfair Labor Practice Cases and Labor Arbiter Ruling
    • Respondents filed illegal dismissal and unfair labor practice complaints before the NCR Arbitration Branch.
    • Labor Arbiter Renaldo O. Hernandez (Jan 31, 2002) found unfair labor practice, simulated sale in bad faith, ordered reinstatement, back wages, moral and exemplary damages, and attorney’s fees.
  • Appeal Bond Disputes and Subsequent NLRC and CA Actions
    • Times, Mencorp, and Spouses Mendoza appealed but failed to post full bond; motions to reduce bond were initially denied.
    • NLRC finally granted bond reduction August 7, 2002; on September 17, 2002 it vacated and remanded the case.
    • CA granted respondents’ certiorari petition and reinstated Labor Arbiter decision on January 30, 2004; motions for reconsideration denied May 24, 2004.
  • Petition for Review on Certiorari
    • Times, Mencorp, and Spouses Mendoza petitioned before the SC, alleging litis pendencia, improper appeal bond handling, and incorrect piercing of corporate veil.

Issues:

  • Whether the principle of litis pendencia barred the respondents’ unfair labor practice case by virtue of the pending G.R. 148500-01.
  • Whether petitioners properly perfected their appeals to the NLRC by posting the required appeal bonds within the reglementary period.
  • Whether the corporate veil of Mencorp and the Spouses Mendoza should be pierced to hold them liable for Times’ obligations.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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