Title
G.J.T. Rebuilders Machine Shop vs. Ambos
Case
G.R. No. 174184
Decision Date
Jan 28, 2015
A machine shop closed after a fire, claiming losses; employees sued for illegal dismissal. Courts ruled the shop failed to prove serious losses, awarding separation pay and nominal damages for lack of notice.

Case Summary (G.R. No. 169136)

Procedural Background

The case originated from a Petition for Review on Certiorari filed with the Court of Appeals, which was prompted by a complaint for illegal dismissal by the respondents against G.J.T. Rebuilders. Initially, the Labor Arbiter ruled in favor of the respondents, finding insufficient evidence of serious business losses to justify the company's closure. This decision was appealed to the National Labor Relations Commission (NLRC), which ruled in favor of the petitioners, citing serious business losses. Subsequently, the Court of Appeals reversed the NLRC's decision and reinstated the Labor Arbiter's ruling.

Statutory Framework

The applicable law in this case is Article 283 of the Labor Code of the Philippines, which governs the termination of employment due to closure or cessation of operations due to serious business losses. This article stipulates that employees are entitled to separation pay unless the closure is due to serious business losses, in which case, employers must present compelling evidence demonstrating such losses.

Requirement of Proof of Serious Business Losses

The Supreme Court emphasized that employers seeking to justify closures on the grounds of serious business losses bear the burden of proof. It requires them to present financial statements over a sufficient timeframe to demonstrate a significant decline in business viability. A single financial statement is generally inadequate; instead, an ongoing pattern of financial loss is pivotal in legitimizing a claim of serious losses.

Evaluation of G.J.T. Rebuilders' Financial Losses

In the current case, G.J.T. Rebuilders presented financial statements showing a net income of P61,157.00 in 1996 and a net loss of P316,210.00 in 1997. The Supreme Court found the two-year period provided insufficient evidence of a continual trend of losses necessary to substantiate the claim of serious business losses, especially considering that one of the years showed a profit.

Obligation to Pay Separation Pay

Since G.J.T. Rebuilders failed to establish that the business closure was the result of serious business losses, the Supreme Court concluded that the respondents were entitled to separation pay. The Court outlined that separation pay must be calculated based on whichever is higher: one month's pay or one-half month's pay for every year of service, pursuant to the stipulations under Article 283 of the Labor Code.

Nominal Damages for Procedural Non-Compliance

Additionally, G.J.T. Rebuilders was found liable for nominal damages due to non-compliance with procedural requirements concerning notice of closure. The law mandates that employers provide written notice to employees and the Department of Labor and Employment at least one month prior to closure. The failure to comply resulted in the obligation to pay each respondent nominal damages amounting to P10,000.00.

Attorney’s Fees

The Supreme Court concluded

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