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G.R. No. 146572

January 14, 2005


On November 27, 1995, and employee of the petitioner filed a letter complaint
with the DOLE in Dagupan City for inspection and investigation of the petitioner for
various labor law violations such as underpayment of wages, 13 th month pay, non-
payment of rest day, overtime pay, holiday pay, and service incentive pay. Pursuant to
the visitorial and enforcement power of the Secretary of Labor and Employment, his
duly authorized representative conducted and inspection/investigation and validated
such complaint. Petitioner was then called for a hearing for four (4) times, however,
failed to appear. DOLE then ordered the petitioner for lawful remuneration amounting
to Php 377,500.58 for thirteen (13) affected employees and also to submit proof of
payments, and adjust the salaries of the employees and to submit proof thereof
within the same period.

The claims of two (2) of the thirteen (13) affected employees have been
settled and dismissed. As for the eleven (11) remaining employees, the order still
stands. DOLE Director issued a writ of execution. The petitioner attacked the validity
of such writ, averring that the DOLE Director do not have jurisdiction to decide on
such case, thus praying that it should be dismissed.


Whether or not the DOLE Director has jurisdiction over the case,

Yes. Pursuant to the provisions of Article 128 of the Labor Code, the Secretary
of Labor or his duly authorized representatives, including the labor regulation
officers, shall have access to the employers records and premises at any time of the
day or night whenever work is undertaken, and the right to copy therefrom, to
question any employee and investigate any fact, condition or matterwhich may be
necessary to determine violations or which may aid in the enforcement of this Code
and of any labor law, wage order or rules and regulations issued pursuant thereto.
Therefore, the instant petition was dismissed.