Title
Tan vs. Timbal, Jr.
Case
G.R. No. 141926
Decision Date
Jul 14, 2004
Employees Timbal and Valenciano were illegally dismissed by Nationwide Steel Corp. (NSC) after filing an SSS complaint. The Labor Arbiter ruled in their favor, but execution against NSC failed. An alias writ targeted NSC's incorporator, Conrado Tan, invoking the trust fund doctrine. The Supreme Court reversed, holding Tan not liable, as the final judgment only implicated NSC, and the alias writ improperly varied its terms.

Case Summary (G.R. No. 141926)

Background of the Case

On July 17, 1989, Timbal, Jr. and Valenciano received a letter from Tan, instructing them to explain allegations that NSC was not remitting SSS premiums for its employees. Following their explanations, both were indefinitely suspended without due process after being barred from entering the workplace. Consequently, they filed a complaint for illegal dismissal with the National Labor Relations Commission (NLRC) on August 3, 1989, which was docketed as NLRC Case No. NCR-00-08-03596-89.

Labor Arbiter's Decision

The Labor Arbiter, Cornelio L. Linsangan, ruled on August 9, 1990, in favor of Timbal, Jr. and Valenciano, finding NSC guilty of illegal dismissal. The ruling mandated the reinstatement of the complainants and the payment of full backwages. Importantly, the Arbiter determined that allegations against Timbal, Jr. and Valenciano regarding false charges against NSC were unsubstantiated, as the SSS had investigated NSC, not the employees.

Execution of the Arbiter's Decision

On October 10, 1990, a Writ of Execution was issued for the reinstatement of the complainants and collection of backwages. However, when attempts were made to enforce this through garnishment, NSC failed to respond adequately, leading Timbal, Jr. and Valenciano to file a motion for separation pay and a new alias writ of execution against NSC and its officers due to unpaid capital subscriptions.

NLRC's Ruling on Alias Writ of Execution

After operating under a series of motions and orders, including a refusal from the labor arbiter to set aside the alias writ of execution, Tan and another stockholder, William Ang, appealed to the NLRC. On June 18, 1997, the NLRC set aside the alias writ of execution on the grounds that Tan and Ang had not been included as party respondents in the original NLRC case and emphasized that stockholders are not automatically liable for corporate debts unless a separate claim is filed against them.

Court of Appeals Proceedings

Timbal, Jr. subsequently filed a petition for certiorari, claiming that the NLRC erred in its decision, which was later referred to the Court of Appeals under Rule 65. On September 24, 1999, the Court of Appeals affirmed the NLRC’s decision for all but Conrado Tan, whose liability was reinstated due to findings of bad faith in the suspension matter.

Supreme Court Decision

Upon further review of the case, the Supreme Court identified a key issue: whether Tan was liable, both jointly and severally, with NSC for the monetary awards in favor of the responde

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