G.R. No. 224944 - Zonio vs. 1st Quantum Leap Security Agency, Inc.

Reggie Orbista Zonio (petitioner) was hired on March 13, 2011, as a security guard by 1st Quantum Leap Security Agency, Inc., managed by Romulo Q. Par (respondents).
He worked alternating 12-hour shifts weekly, from 7:00 a.m. to 7:00 p.m. and from 7:00 p.m. to 7:00 a.m., seven days a week, for a monthly wage of ₱8,500.00.
Deductions from his salary included a cash bond of ₱50.00 and a miscellaneous fee of ₱10.00, totaling ₱120.00 monthly.
Respondents did not pay him for overtime, holiday work, rest day work, nor grant 13th month pay, service incentive leave, or night shift differential pay.

On April 21, 2014, Zonio and other guards were suspended for one month (April 21 to May 20, 2014) for allegedly sleeping while on duty without a formal investigation; photographs served as evidence.
Zonio served the suspension but was refused acceptance back to work by respondents on May 21, 2014.

Zonio filed a complaint for illegal suspension, underpayment of salary and 13th month pay, non-payment of overtime and premium pays (holiday, rest day, night shift differential), reimbursement of cash bond and miscellaneous fees, moral and exemplary damages, and attorney's fees.
Respondents defended the suspension, asserting it was valid due to sleep-on-duty violation and claimed Zonio ignored orders to report for explanation.
Respondents argued minimum wage laws were inapplicable per Wage Order No. IVA-14 for security personnel and sought attorney’s fees and damages for reputational harm.

Ruled the suspension valid based on photographic evidence, undisputed by Zonio.
Denied claims for overtime, holiday, rest day premium, and night differential pay for lack of substantiation.
Granted three years’ salary differentials prior to suspension, 13th month pay, monetized service incentive leave, and refund of cash bond and fees.

Modified Labor Arbiter ruling by holding Zonio entitled to overtime pay, holiday and rest day premiums, and night shift differentials.

Respondents’ petition partly granted; deleted award of overtime pay, holiday and rest day premiums, and night shift differentials.
Held that:

Overtime and premium pays require proof of actual performance; Zonio’s logbook entries were self-made and unsigned by supervisors, casting doubt on authenticity and veracity.
Payroll records provided were inconsistent in period coverage; thus, no clear evidence of work rendered during holidays or night shifts was established.

Zonio argued the logbook entries detailed his shifts and tasks and were unassailed originally; respondents failed to present contrary evidence like daily time records.
Respondents opposed on ground of prematurity due to absence of motion for reconsideration and maintained burden of proof rested on Zonio.

Whether a motion for reconsideration is a mandatory condition precedent to filing a petition for review under Rule 45 of the Rules of Court.
Whether Zonio proved entitlement to overtime pay, holiday and rest day premiums, and night shift differential pay.
Whether the Court of Appeals correctly deleted the awards of overtime pay, premium pays, and night shift differentials.