Facts of the Case: Petitioner was employed as BCCs comptroller. He was barred from entering his office and his previous attempts to report to work were frustrated for continued barring for him to enter his workplace. Petitioner filed for Illegal dismissal, reinstatement plus backwages. Respondent BCC denied that Petitioner was their employee but the employee of Sobien Foods Corp., a creditor & supplier of BCC. SFC posted Petitioner as one of its comptrollers in BCC. The Labor Arbiter rules in favor of petitioner but such order was vacated and remanded by the NLRC where it was found that there was no employer-employee relationship between the petitioner and the respondent.
Issue: Was there employer-employee relationship between petitioner and respondent? Was the petitioner validly dismissed? If so, is he entitled to backwages?
SC Ruling: The existence of an employer-employee relationship is a question of fact. Generally, a re-examination of factual findings cannot be done by the Court acting on a petition for review on certiorari because the Court is not a trier of facts but reviews only questions of law. Nor may the Court be bound to analyze and weigh again the evidence adduced and considered in the proceedings below. This rule is not absolute, however, and admits of exceptions. For one, the Court may look into factual issues in labor cases when the factual findings of the Labor Arbiter, the NLRC, and the CA are conflicting. To prove his employment with BCC, petitioner offered the following: (a) BCC Identification Card (ID) issued to him stating his name and his position as "comptroller," and bearing his picture, his signature, and the signature of Ty; (b) a payroll of BCC for the period of October 1-15, 1996 that petitioner approved as comptroller; (c) various bills and receipts related to expenditures of BCC bearing the signature of petitioner; (d) various checks carrying the signatures of petitioner and Ty, and, in some checks, the signature of petitioner alone; (e) a court order showing that the issuing court considered petitioners ID as proof of his employment with BCC; (f) a letter of petitioner dated March 1, 1997 to the Department of Justice on his filing of a criminal case for estafa against Ty for non-payment of wages; (g) affidavits of some employees of BCC attesting that petitioner was their co-employee in BCC; and (h) a notice of raffle dated December 5, 1995 showing that petitioner, being an employee of BCC, received the notice of raffle in behalf of BCC.
Respondents denied that petitioner was BCCs employee. They affirmed that SFC had installed petitioner as its comptroller in BCC to oversee and supervise SFCs collections and the account of BCC to protect SFCs interest; that their issuance of the ID to petitioner was only for the purpose of facilitating his entry into the BCC premises in relation to his work of overseeing the financial operations of BCC for SFC; that the ID should not be considered as evidence of petitioners employment in BCC
It can be deduced from the March 1996 affidavit of petitioner that respondents challenged his authority to deliver some 158 checks to SFC. Considering that he contested respondents challenge by pointing to the existing arrangements between BCC and SFC, it should be clear that respondents did not exercise the power of control over him, because he thereby acted for the benefit and in the interest of SFC more than of BCC.
In addition, petitioner presented no document setting forth the terms of his employment by BCC.1wphi1 The failure to present such agreement on terms of employment may be understandable and expected if he was a common or ordinary laborer who would not jeopardize his employment by demanding such document from the employer, but may not square well with his actual status as a highly educated professional.
Petitioners admission that he did not receive his salary for the three months of his employment by BCC, as his complaint for illegal dismissal and non-payment of wages25 and the criminal case for estafa he later filed against the respondents for non-payment of wages26 indicated, further raised grave doubts about his assertion of employment by BCC. If the assertion was true, we are puzzled how he could have remained in BCCs employ in that period of time despite not being paid the first salary of P20,000.00/month. Moreover, his name did not appear in the payroll of BCC despite him having approved the payroll as comptroller.
Lockheed Detective & Watchman Agency v. University of the Philippines G.R. No. 185918 April 18, 2012
Facts of the Case Petitioner entered into a contract for security services with respondent University of the Philippines Several guard assigned to UP filed complaints against Lockheed & UP for payment of underpaid wages, Overtime pay, premium pay, holiday pay, service incentive leave, night shift differential, 13 th month pay, cash bond and unpaid wages. The Labor Arbiter ruled that Lockheed & UP solidarily liable.
Issue: Who is liable to pay the claims of the Guards?
SC Ruling: Lockheed contends that UP has its own separate and distinct juridical entity from the national government and has its own charter. Thus, it can be sued and be held liable. Moreover, Executive Order No. 714 entitled "Fiscal Control and Management of the Funds of UP" recognizes that "as an institution of higher learning, UP has always granted full management and control of its affairs including its financial affairs." Therefore, it cannot shield itself from its private contractual liabilities by simply invoking the public character of its funds. Lockheed also cites several cases wherein it was ruled that funds of public corporations which can sue and be sued were not exempt from garnishment. UP is a juridical personality separate and distinct from the government and has the capacity to sue and be sued. Thus, also like NEA, it cannot evade execution, and its funds may be subject to garnishment or levy. However, before execution may be had, a claim for payment of the judgment award must first be filed with the COA. Under Commonwealth Act No. 327,22 as amended by Section 26 of P.D. No. 1445, it is the COA which has primary jurisdiction to examine, audit and settle "all debts and claims of any sort" due from or owing the Government or any of its subdivisions, agencies and instrumentalities, including government-owned or controlled corporations and their subsidiaries. With respect to money claims arising from the implementation of Republic Act No. 6758, their allowance or disallowance is for COA to decide, subject only to the remedy of appeal by petition for certiorari to this Court.
We cannot subscribe to Lockheeds argument that NEA is not similarly situated with UP because the COAs jurisdiction over the latter is only on post-audit basis. A reading of the pertinent Commonwealth Act provision clearly shows that it does not make any distinction as to which of the government subdivisions, agencies and instrumentalities, including government-owned or controlled corporations and their subsidiaries whose debts should be filed before the COA.
As to the fait accompli argument of Lockheed, contrary to its claim that there is nothing that can be done since the funds of UP had already been garnished, since the garnishment was erroneously carried out and did not go through the proper procedure (the filing of a claim with the COA), UP is entitled to reimbursement of the garnished funds plus interest of 6% per annum, to be computed from the time of judicial demand to be reckoned from the time UP filed a petition for certiorari before the CA which occurred right after the withdrawal of the garnished funds from PNB.
Petitioner Lockheed Detective and Watchman Agency, Inc. is ordered to reimburse respondent University of the Philippines the amount of P12,062,398.71 plus interest of 6% per annum, to be computed from September 12, 2005 up to the finality of this Decision, and 12% interest on the entire amount from date of finality of this Decision until fully paid.
Norkis Distributors Inc. v. Delfin Descallar G.R. No. 185255 March 14, 2012
Facts of the Case: Delfin Descallar was assigned at Iligan branch of Norkis, he became a regular employee & subsequently became a manager. He went on an absence without leave. Norkis wrote to Delfin regarding his absence and why the records show that he was rendering undertime work. Delfin explained that he was on officela business and talking to clients On investigation it was later found that Delfin was not actually on official business but was addressing personal matters. He was subsequently suspended. Delfin was ultimately dismissed for loss of managements confidence and trust.
Issue: Was Delfin Validly dismissed? If so, can he claim for unpaid wages?
SC Ruling: Loss of trust and confidence as a ground for termination of an employee under Article 282 of the Labor Code requires that the breach of trust be willful, meaning it must be done intentionally, knowingly, and purposely, without justifiable excuse. The basic premise for dismissal on the ground of loss of confidence is that the employees concerned holds a position of trust and confidence. It is the breach of this trust that results in the employers loss of confidence in the employee. To our mind, the failure to reach the monthly sales quota cannot be considered an intentional and unjustified act of respondent amounting to a willful breach of trust on his part that would call for his termination based on loss of confidence. This is simply not the willful breach of trust and confidence contemplated in Article 282(c) of the Labor Code. Indeed, the low sales performance could be attributed to several factors which are beyond respondents control. To be a valid ground for an employees dismissal, loss of trust and confidence must be based on a willful breach. To repeat, a breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse. An illegally dismissed employee is entitled to two reliefs: back wages and reinstatement. The two reliefs provided are separate and distinct. In instances where reinstatement is no longer feasible because of strained relations between the employee and the employer, separation pay is granted. In effect, an illegally dismissed employee is entitled to either reinstatement if such is viable, or separation pay if reinstatement is no longer viable, and to back wages. The normal consequences of respondents illegal dismissal, then, are reinstatement without loss of seniority rights, and payment of back wages computed from the time compensation was withheld from him up to the date of actual reinstatement. Where reinstatement is no longer viable as an option, separation pay equivalent to one month salary for every year of service should be awarded as an alternative. The payment of separation pay is in addition to payment of back wages.
New Philippines Skylanders Inc. V. Francisco Dakila G.R. No. 199547 September 24, 2012
Facts of the Case: Dakila was employed by petitioner for 10 years & terminated for cause when the corporation was sold. Dakila informed the petitioner of his compulsory retirement and sought payment of retirement benefits pursuant to a CBA, but was not acted upon by petitioner. Dakila filed a complaint for constructive illegal dismissal, non-payment of retirement benefits & under/non-payment of wages & benefits of a regular employee. Petitioner alleged that Dakila was not their regular employee but a mere consultant.
Issue: Was Dakila validly dismissed? If so, is he entitled for unpaid wages?
SC Ruling: The issue of illegal dismissal is premised on the existence of an employer-employee relationship between the parties herein. It is essentially a question of fact, beyond the ambit of a petition for review on certiorari under Rule 45 of the Rules of Court unless there is a clear showing of palpable error or arbitrary disregard of evidence which does not obtain in this case. Records reveal that both the LA and the NLRC, as affirmed by the CA, have found substantial evidence to show that respondent Dakila was a regular employee who was dismissed without cause. Following Article 279 of the Labor Code, an employee who is unjustly dismissed from work is entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages computed from the time he was illegally dismissed. However, considering that respondent Dakila was terminated on May 1, 2007, or one (1) day prior to his compulsory retirement on May 2, 2007, his reinstatement is no longer feasible. Accordingly, the NLRC correctly held him entitled to the payment of his retirement benefits pursuant to the CBA. On the other hand, his backwages should be computed only for days prior to his compulsory retirement which in this case is only a day. Consequently, the award of reinstatement wages pending appeal must be deleted for lack of basis.
Superior Packaging Corp. v. Arnel Balagsa Et. Al. G.R. No. 178909 October 10, 2012
Facts of the Case: Petitioner Superior engaged the services of Lancer to provide reliever services to its business which involves manufacture & sales of industrial and corrugated boxes. Respondents sued for underpayment of wages, non-payment of premium pay, OT pay and non-payment of salary. The Secretary of Labor conducted an investigation and found: (1) non-presentation of payrolls and daily time records; (2) non-submission of annual report of safety organization; (3) medical and accident/illness reports; (4) non-registration of establishment under Rule 1020 of Occupational and Health Standards; and (5) no trained first aide. The Secretary ordered in favor of the respondents. Petitioner countered that the respondents were not their employees but of Lancer.
Issue: May Superior be held solidarily liable with Lancer for unpaid wages?
SC Ruling: It was the consistent conclusion of the DOLE and the CA that Lancer was not an independent contractor but was engaged in "labor-only contracting"; hence, the petitioner was considered an indirect employer of respondents and liable to the latter for their unpaid money claims. At the time of the respondents employment in 1998, the applicable regulation was DOLE Department Order No. 10, Series of 1997.25 Under said Department Order, labor-only contracting was defined as follows: Sec. 9. Labor-only contracting. (a) Any person who undertakes to supply workers to an employer shall be deemed to be engaged in labor-only contracting where such person: (1) Does not have substantial capital or investment in the form of tools, equipment, machineries, work premises and other materials; and (2) The workers recruited and placed by such persons are performing activities which are directly related to the principal business or operations of the employer in which workers are habitually employed. Labor-only contracting is prohibited and the person acting as contractor shall be considered merely as an agent or intermediary of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him. Finally, a finding that a contractor is a "labor-only" contractor is equivalent to declaring that there is an employer-employee relationship between the principal and the employees of the supposed contractor, and the "labor only" contractor is considered as a mere agent of the principal, the real employer. The former becomes solidarily liable for all the rightful claims of the employees. The petitioner therefore, being the principal employer and Lancer, being the labor-only contractor, are solidarily liable for respondents unpaid money claims.
3D Alert Security & Detective Services v. Rolando Navia G.R. No. 200653 June 13, 2012
Facts of the Case: Rolando Navia filed an illegal dismissal case against 3D Alert. The Labor Arbiter ruled that his dismissal was illegal and was affirmed by the NLRC. Navia filed an ex-parte motion for computation of backwages & an ex-parte motion for execution based on the computated backwages. 3D alert appealed the computed backwages, it also averred that the NLRC committed grave abuse of discretion since there was already a notice of reinstatement. The NLRC ruled that 3D Alert is guilty of bad faith since there was no earnest effort to reinstate Navia. Such notice of reinstatement was never sent even to Navias counsel.
Issue: Was 3D Alert in Bad Faith? Can Navia recover his wages?
SC Ruling: Article 223 of the Labor Code provides that in case there is an order of reinstatement, the employer must admit the dismissed employee under the same terms and conditions, or merely reinstate the employee in the payroll. The order shall be immediately executory. Thus, 3rd Alert cannot escape liability by simply invoking that Navia did not report for work. The law states that the employer must still reinstate the employee in the payroll. Where reinstatement is no longer viable as an option, separation pay equivalent to one (1) month salary for every year of service could be awarded as an alternative. Also, the main issue of this case, finding Navia to have been illegally dismissed, has already attained finality. Litigation must end and terminate sometime and somewhere, and it is essential for an effective and efficient administration of justice that, once a judgment has become final, the winning party be not deprived of the fruits of the verdict.6 The order is to reinstate Navia; sadly, the mere execution of this judgment has to even reach the highest court of the land, thereby frustrating the entire judicial process. This justifies the treble costs we now impose against 3rd Alert. "It is settled that in actions for recovery of wages or where an employee was forced to litigate and incur expenses to protect his right and interest, he is entitled to an award of attorney's fees."8 Navia, having been compelled to litigate due to 3rd Alerts failure to satisfy his valid claim, is also entitled to attorney's fees of ten percent (10%) of the total award at the time of actual payment, following prevailing jurisprudence.
Eastern Mediterranean Maritime LTD. & Ageman Manning Agency v. Anislao Sunio et. al. G.R. No. 154213 August 23, 2012
Facts of the Case: Respondents were former crewmwmbers of MT Seadance, a vessel owned by Eastern Mediterranean Maritime and manned and operated bny Agemar Manning Agency. While respondents were still aboard the vessel they experienced delays in payment of wages, remittance of allowances & were not paid for work rendered and overtime pay. The ITF found that their wages were below the prevailing rate and ordered petitioners pay the appropriate rate. The respondents were repatriated. Thereafter they filed a complaint for disciplinary action for reimbursement of wage increases in the workers assistance & adjudication office of the POEA. R.A. 8042 was subsequently pass during the pendency of the complaint which vested original & exclusive jurisdiction over disputes arising out of employer-employee relationship of OFW with the Labor Arbiter.
Issue: Who has jurisdiction over the case?
SC Ruling: Petitioners position that Republic Act No. 8042 should not be applied retroactively to the review of the POEAs decision dismissing their complaint against respondents has no support in jurisprudence. Although, as a rule, all laws are prospective in application unless the contrary is expressly provided,8 or unless the law is procedural or curative in nature,9 there is no serious question about the retroactive applicability of Republic Act No. 8042 to the appeal of the POEAs decision on petitioners disciplinary action against respondents. In a way, Republic Act No. 8042 was a procedural law due to its providing or omitting guidelines on appeal. A law is procedural, according to De Los Santos v. Vda. De Mangubat,10 when it
Refers to the adjective law which prescribes rules and forms of procedure in order that courts may be able to administer justice. Procedural laws do not come within the legal conception of a retroactive law, or the general rule against the retroactive operation of statues they may be given retroactive effect on actions pending and undetermined at the time of their passage and this will not violate any right of a person who may feel that he is adversely affected, insomuch as there are no vested rights in rules of procedure.
Republic Act No. 8042 applies to petitioners complaint by virtue of the case being then still pending or undetermined at the time of the laws passage, there being no vested rights in rules of procedure.11 They could not validly insist that the reckoning period to ascertain which law or rule should apply was the time when the disciplinary complaint was originally filed in the POEA in 1993. Moreover, Republic Act No. 8042 and its implementing rules and regulations were already in effect when petitioners took their appeal. A statute that eliminates the right to appeal and considers the judgment rendered final and unappealable only destroys the right to appeal, but not the right to prosecute an appeal that has been perfected prior to its passage, for, at that stage, the right to appeal has already vested and cannot be impaired.12 Conversely and by analogy, an appeal that is perfected when a new statute affecting appellate jurisdiction comes into effect should comply with the provisions of the new law, unless otherwise provided by the new law. Relevantly, petitioners need to be reminded that the right to appeal from a decision is a privilege established by positive laws, which, upon authorizing the taking of the appeal, point out the cases in which it is proper to present the appeal, the procedure to be observed, and the courts by which the appeal is to be proceeded with and resolved.13 This is why we consistently hold that the right to appeal is statutory in character, and is available only if granted by law or statute.
When Republic Act No. 8042 withheld the appellate jurisdiction of the NLRC in respect of cases decided by the POEA, the appellate jurisdiction was vested in the Secretary of Labor in accordance with his power of supervision and control under Section 38(1), Chapter 7, Title II, Book III of the Revised Administrative Code of 1987, to wit:
Section 38. Definition of Administrative Relationship. Unless otherwise expressly stated in the Code or in other laws defining the special relationships of particular agencies, administrative relationships shall be categorized and defined as follows:
Supervision and Control. Supervision and control shall include authority to act directly whenever a specific function is entrusted by law or regulation to a subordinate; direct the performance of duty; restrain the commission of acts; review, approve, reverse or modify acts and decisions of subordinate officials or units; determine priorities in the execution of plans and programs. Unless a different meaning is explicitly provided in the specific law governing the relationship of particular agencies, the word "control" shall encompass supervision and control as defined in this paragraph.
Peoples Broadcasting Service (Bombo Radyo) v. Secretary of Labor and Employment G.R. No. 179652 March 6, 2012
Facts of the Case: Private respondent Jandeleon Juezan filed a complaint, before the DOLE regional office against petitioner for illegal deduction, non-payment of service incentive leave,13 th
month pay, holiday pay & restday and illegal dimunition of benefits, delayed payment of wages & non-coverage of the SSS, Pag-ibig & Philhealth. It was found by the DOLE Regional Director that Juezan was an employee of petitioner & ordered that he is entitled to money claims.
Issue: Who has jurisdiction to determine employer-employee relationship? Is the private respondent entitled to backwages?
SC Ruling: Under Art. 128(b) of the Labor Code, as amended by RA 7730, the DOLE is fully empowered to make a determination as to the existence of an employer-employee relationship in the exercise of its visitorial and enforcement power, subject to judicial review, not review by the NLRC.
There is a view that despite Art. 128(b) of the Labor Code, as amended by RA 7730, there is still a threshold amount set by Arts. 129 and 217 of the Labor Code when money claims are involved, i.e., that if it is for PhP 5,000 and below, the jurisdiction is with the regional director of the DOLE, under Art. 129, and if the amount involved exceeds PhP 5,000, the jurisdiction is with the labor arbiter, under Art. 217. The view states that despite the wording of Art. 128(b), this would only apply in the course of regular inspections undertaken by the DOLE, as differentiated from cases under Arts. 129 and 217, which originate from complaints. There are several cases, however, where the Court has ruled that Art. 128(b) has been amended to expand the powers of the DOLE Secretary and his duly authorized representatives by RA 7730. In these cases, the Court resolved that the DOLE had the jurisdiction, despite the amount of the money claims involved. Furthermore, in these cases, the inspection held by the DOLE regional director was prompted specifically by a complaint. Therefore, the initiation of a case through a complaint does not divest the DOLE Secretary or his duly authorized representative of jurisdiction under Art. 128(b).
To recapitulate, if a complaint is brought before the DOLE to give effect to the labor standards provisions of the Labor Code or other labor legislation, and there is a finding by the DOLE that there is an existing employer-employee relationship, the DOLE exercises jurisdiction to the exclusion of the NLRC. If the DOLE finds that there is no employer-employee relationship, the jurisdiction is properly with the NLRC. If a complaint is filed with the DOLE, and it is accompanied by a claim for reinstatement, the jurisdiction is properly with the Labor Arbiter, under Art. 217(3) of the Labor Code, which provides that the Labor Arbiter has original and exclusive jurisdiction over those cases involving wages, rates of pay, hours of work, and other terms and conditions of employment, if accompanied by a claim for reinstatement. If a complaint is filed with the NLRC, and there is still an existing employer-employee relationship, the jurisdiction is properly with the DOLE. The findings of the DOLE, however, may still be questioned through a petition for certiorari under Rule 65 of the Rules of Court.
In the present case, the finding of the DOLE Regional Director that there was an employer-employee relationship has been subjected to review by this Court, with the finding being that there was no employer-employee relationship between petitioner and private respondent, based on the evidence presented. Private respondent presented self-serving allegations as well as self-defeating evidence.10 The findings of the Regional Director were not based on substantial evidence, and private respondent failed to prove the existence of an employer-employee relationship. The DOLE had no jurisdiction over the case, as there was no employer-employee relationship present. Thus, the dismissal of the complaint against petitioner is proper.
Jomar Verdadero v. Barney Auto lines Group of Companies and Transportation Inc. G.R. No. 195428 August 29, 2012
Facts of the Case: Jomar Verdadero was a bus conductor for Barney autolines. On Kanuary 27, 2008 an altercation between Verdadero & Atty. Gerardo Gimenez, Barney autolines disciplinary officer. The altercation was because Verdadero did not give Atty. Gimenez & his wife a free fide in the bus contrary to company policy. Verdadero was asked to write an apology letter. He did not comply, due to such non- compliance, he believed that he was dismissed. He filed a case for illegal dismissal before the Labor Arbiter claiming non-payment of holiday pay, 13 th month pay, separation pay, retirement pay, moral & exemplary damages, backwages and reinstatement.
Issue: was Verdadero validly dismissed? If so, is he entitled to backwages?
SC Ruling: Constructive dismissal exists where there is cessation of work, because "continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank or a diminution in pay" and other benefits. Aptly called a dismissal in disguise or an act amounting to dismissal but made to appear as if it were not, constructive dismissal may, likewise, exist if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him except to forego his continued employment. In this case, Verdadero cannot be deemed constructively dismissed. Records do not show any demotion in rank or a diminution in pay made against him. Neither was there any act of clear discrimination, insensibility or disdain committed by BALGCO against Verdadero which would justify or force him to terminate his employment from the company. It is to be emphasized that the abovementioned acts should have been committed by the employer against the employee. Unlawful acts committed by a co-employee will not bring the matter within the ambit of constructive dismissal. On Reinstatement and Backwages, Article 279 of the Labor Code, as amended, provides:
Art. 279. Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)
Reinstatement and backwages are reliefs available to an illegally dismissed employee. Reinstatement restores the employee who was unjustly dismissed to the position from which he was removed, that is, to his status quo ante dismissal, while the grant of backwages allows the same employee to recover from the employer that which he had lost by way of wages as a result of his dismissal. These twin remedies - reinstatement and payment of backwages - make the dismissed employee whole who can then look forward to continued employment. Thus, do these two remedies give meaning and substance to the constitutional right of labor to security of tenure.34
In the case at bench, considering that there has been no dismissal at all, there can be no reinstatement.1wphi1 One cannot be reinstated to a position he is still holding. As there is no reinstatement to speak of, Verdadero cannot invoke the doctrine of strained relations. It is only applied when there is an order for reinstatement that is no longer feasible. In the same vein, no separation pay can be awarded as it is given only in lieu of reinstatement. Consequently, there is likewise no justification for the award of backwages. The CA was correct in ruling against the payment of backwages following the "no work, no pay" principle.
Vivian Ramirez et. al. v. Mar Fishing Company G.R. No. 168208 June 13, 2012
Facts of the Case: Respondent is engaged in the business of fishing and catching tuna. It sold its principal assets to Miramar Fishing Co. Respondent informed its employees that it is closing the business. The Recognized union of the respondent Mar Fishing Workers Unon & Miramar entered into a memorandum of agreement that the latter shall absorb the respondents rank & file employees without loss of seniority rights. The employees of the respondent were never absorbed by Miramar Fishing Company.
Issue: who would be liable for the employees monetary claims?
SC Ruling: Basing their conclusion on the Memorandum of Agreement and Supplemental Agreement between Miramar and Mar Fishings labor union, as well as the General Information Sheets and Company Profiles of the two companies, petitioners assert that Miramar simply took over the operations of Mar Fishing. In addition, they assert that these companies are one and the same entity, given the commonality of their directors and the similarity of their business venture in tuna canning plant operations.
At the fore, the question of whether one corporation is merely an alter ego of another is purely one of fact generally beyond the jurisdiction of this Court. In any case, given only these bare reiterations, this Court sustains the ruling of the LA as affirmed by the NLRC that Miramar and Mar Fishing are separate and distinct entities, based on the marked differences in their stock ownership. Also, the fact that Mar Fishings officers remained as such in Miramar does not by itself warrant a conclusion that the two companies are one and the same. As this Court held in Sesbreo v. Court of Appeals, the mere showing that the corporations had a common director sitting in all the boards without more does not authorize disregarding their separate juridical personalities.
Neither can the veil of corporate fiction between the two companies be pierced by the rest of petitioners submissions, namely, the alleged take-over by Miramar of Mar Fishings operations and the evident similarity of their businesses. At this point, it bears emphasizing that since piercing the veil of corporate fiction is frowned upon, those who seek to pierce the veil must clearly establish that the separate and distinct personalities of the corporations are set up to justify a wrong, protect a fraud, or perpetrate a deception.This, unfortunately, petitioners have failed to do. In Indophil Textile Mill Workers Union vs. Calica, we ruled thus
In the case at bar, petitioner seeks to pierce the veil of corporate entity of Acrylic, alleging that the creation of the corporation is a devi[c]e to evade the application of the CBA between petitioner Union and private respondent company. While we do not discount the possibility of the similarities of the businesses of private respondent and Acrylic, neither are we inclined to apply the doctrine invoked by petitioner in granting the relief sought. The fact that the businesses of private respondent and Acrylic are related, that some of the employees of the private respondent are the same persons manning and providing for auxiliary services to the units of Acrylic, and that the physical plants, offices and facilities are situated in the same compound, it is our considered opinion that these facts are not sufficient to justify the piercing of the corporate veil of Acrylic. Having been found by the trial courts to be a separate entity, Mar Fishing and not Miramar is required to compensate petitioners. Indeed, the back wages and retirement pay earned from the former employer cannot be filed against the new owners or operators of an enterprise