Title
Supreme Court
Dutch Movers, Inc. vs. Lequin
Case
G.R. No. 210032
Decision Date
Apr 25, 2017
Employees of Dutch Movers, Inc. (DMI) were illegally dismissed without formal notice. Despite DMI’s closure, petitioners Cesar and Yolanda Lee, who controlled DMI, were held personally liable for judgment awards after the corporate veil was pierced due to their use of DMI to evade labor obligations. Reinstatement was deemed unfeasible, and separation pay was awarded.

Case Summary (G.R. No. 222551)

Key Dates

  • December 28, 2004: Alleged termination of respondents’ employment
  • October 28, 2005: Labor Arbiter (LA) Mangandog dismisses illegal dismissal complaint
  • November 23, 2007: NLRC reverses LA decision, orders reinstatement and backwages
  • December 30, 2007: NLRC decision becomes final and executory
  • February 14, 2008: NLRC issues Entry of Judgment
  • September 4, 2009: LA Savari orders petitioners liable for award and issues writ of execution
  • October 29, 2009 & January 29, 2010: NLRC quashes writ as to petitioners’ personal liability
  • July 1, 2013 & November 13, 2013: Court of Appeals decision and denial of motion for reconsideration
  • April 25, 2017: Supreme Court decision

Applicable Law

  • 1987 Philippine Constitution
  • Labor Code provisions on security of tenure and illegal dismissal
  • Rule 45, Rules of Court (petition for review on certiorari)

Factual Antecedents

Respondents, employed by DMI as driver and helpers, were informed on December 28, 2004 that hauling operations would cease. No formal closure notice was issued. A DOLE‐NCR certification confirmed the absence of such notice. Respondents filed an illegal dismissal complaint before the Labor Arbiter.

Labor Arbiter and NLRC Rulings

Labor Arbiter Mangandog (October 2005) dismissed the complaint for lack of cause of action. On November 23, 2007, the NLRC reversed, concluding respondents were illegally dismissed, ordering reinstatement with backwages and 10% attorney’s fees. This decision became final on December 30, 2007, and respondents sought execution.

Motion to Implead and LA Savari’s Execution Order

Respondents discovered that DMI ceased operations and that spouses Cesar and Yolanda Lee continued operating Toyota Alabang. They moved to implead the Lees and nominal incorporators (spouses Smith) as solidarily liable. LA Savari (April 1, 2009) granted impleader and issued writ of execution (July 31, 2009) against DMI and the Lees for Php 4,240,505.32.

NLRC Quashes Writ as to Petitioners

Petitioners moved to quash, arguing lack of jurisdiction and immutability of NLRC’s final decision. On October 29, 2009, the NLRC reversed LA Savari’s order, quashing the writ insofar as it held the Lees personally liable, citing corporate separateness and absence of bad faith. A January 29, 2010 motion for reconsideration was denied.

Court of Appeals Decision

On July 1, 2013, the CA granted respondents’ petition for certiorari, finding a supervening event—DMI’s closure and fraudulent incorporation—justified modifying execution. The CA pierced the corporate veil, affirmed impleader of the Lees as solidarily liable, and denied the motion for reconsideration on November 13, 2013.

Supreme Court Issue

Whether the Lees can be held personally liable for the judgment awards despite the finality of the NLRC decision and the corporate personality of DMI.

Supreme Court Ruling and Legal Principles

  1. Rule 45 restricts review to questions of law but permits reconsideration where factual findings diverge.
  2. The immutability of a final judgment admits an exception for supervening events occurring after finality, per Valderrama v. NLRC and David v. CA.
  3. DMI ceased operations without notice; nominal incorporators (spouses Smith) declared they had lent their names to the Lees, who controlled and managed DMI and thereafter evaded liabilities.
  4. The corporate veil may be pierced when a corporation is used to defeat labor laws, facilitate fraud, or evade obligations. Active participation and bad faith justify imposing personal liability on responsible persons.

Analysis of Corporat

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