ST. MARTIN FUNERAL HOME, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and BIENVENIDO ARICAYOS, respondents.
This is case is complaint for illegal dismissal. Private respondent,
Bienvenidi Aricayos, alleges that he started working as Operations Manager of petitioner St. Martin Funeral Home on February 6, 1995. However, there was no contract of employment executed between him and petitioner nor was his name included in the semi- monthly payroll. On January 22, 1996, he was dismissed from his employment for allegedly misappropriating P38,000.00 which was intended for payment by petitioner of its value added tax (VAT) to the Bureau of Internal Revenue (BIR).
According to the petitioner, St. Martin Funeral Homes, Aricayos is
an uncle of Amelita Malabed who voluntarily helped in overseeing the business as indication of gratitude for the financial assistance given to him by the mother of Amelita.
The labor arbiter ruled in favor of petitioner, confirming that there
was no employer-employee relationship between the two and hence, there could be no illegal dismissal in such a situation. The respondent appealed to NLRC but set aside the decision and remanded the case to the labor arbiter. Petitioner filed a motion for reconsideration, but was denied by the NLRC. Now, petitioners appealed to the Supreme Court – alleging that the NLRC committed grave abuse of discretion.
Issue: Whether or not the petitioner’s appeal/petition for certiorari
was properly filed in the Supreme Court.
However in this case, the Supreme Court took it upon themselves
to review such decisions from the NLRC by virtue of their role under the check and balance system and the perceived intention of the legislative body who enacted the new rules. “It held that there is an underlying power of the courts to scrutinize the acts of such agencies on questions of law and jurisdiction even though no right of review is given by statute; that the purpose of judicial review is to keep the administrative agency within its jurisdiction and protect the substantial rights of the parties; and that it is that part of the checks and balances which restricts the separation of powers and forestalls arbitrary and unjust adjudications.”k` The petitioners rightfully filed a motion for reconsideration, but the appeal or certiorari should have been filed initially to the Court of Appeals – as consistent with the principle of hierarchy of courts. As such, the Supreme Court remanded the case to the Court of Appeals.