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* SECOND DIVISION.
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same office after it had issued a writ of execution. For all intents
and purposes, the Deed of Assignment in tandem with the Letter
Agreement and Cash Voucher is as good as cash. Third, the Court
finds that the execution of the Deed of Assignment, the Letter
Agreement and the Cash Voucher were made in good faith, and
constituted clear manifestation of petitioner’s willingness to pay
the judgment amount.
Same; Certiorari; A wide breadth of discretion is granted a court of
justice in certiorari proceedings.—It must be remembered that a
wide breadth of discretion is granted a court of justice in certiorari
proceedings. The Court has not too infrequently given due course
to a petition for certiorari, even when the proper remedy would
have been an appeal, where valid and compelling considerations
would warrant such a recourse. Moreover, the Court allowed a
Rule 65 petition, despite the availability of plain, speedy or
adequate
730
Appeals did not even review the assailed orders and focused
instead on a general discussion of due process and the jurisdiction
of the Regional Director. Had the appellate court truly reviewed
the records of the case, it would have seen that there existed valid
and sufficient grounds for finding grave abuse of discretion on the
part of the DOLE Secretary as well the Regional Director. In
ruling and acting as it did, the Court finds that the Court of
Appeals may be properly subjected to its certiorari jurisdiction.
After all, this Court has previously ruled that the extraordinary
writ of certiorari will lie if it is satisfactorily established that the
tribunal had acted capriciously and whimsically in total disregard
of evidence material to or even decisive of the controversy.
Same; Same; Visitorial and Enforcement Power; The most
important consideration for the allowance of the instant petition is
the opportunity for the Court not only to set the demarcation
between the National Labor Relations Commission’s (NLRC’s)
jurisdiction and the Department of Labor and Employment’s
(DOLE’s) prerogative but also the procedure when the case involves
the fundamental challenge
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the outmoded cases applying the old Article 128 (b). It is highly
opportune for the Court to modify this antiquated doctrine and
principle in view of the amendment of Article 128 (b) of the Labor
Code.
BRION, J., Dissenting Opinion:
Labor Law; Appeals; Petitioner’s wrong mode of appeal in going to
the Supreme Court cannot be glossed over and simply hidden
behind general statements made by this Court in the context of the
unique and appropriate factual settings of the cited cases,
generally applied to the ponencia’s distorted view of the
circumstances of this case.—I submit that the petitioner’s wrong
mode of appeal in coming to this Court cannot be glossed over and
simply hidden behind general statements made by this Court in
the context of the unique and appropriate factual settings of the
cited cases, generally applied to the ponencia’s distorted view of
the circumstances of this case. The CA decision under review
simply and plainly holds that the Secretary committed no grave
abuse of discretion when she dismissed an appeal that was
supported by neither a cash nor a surety bond that the law
requires, and that the DOLE Director did not violate the
petitioner’s right to due after it was given full and ample hearing
opportunities and its submitted evidence were considered and
found
733
wanting. In fact, on its face, the petition for certiorari before the
CA does not deserve any merit as it simply hid behind the magic
formula—grave abuse of discretion amounting to lack or excess of
jurisdiction—to justify a review of a decision that has lapsed to
finality for the petitioner’s failure to perfect its appeal. Fully
examined, what the petition cites are really inconsequential
grounds dismissible on their face or perceived errors of law (as in
fact the petition so states in its cited 2nd ground).
Same; Same; Pleadings and Practice; By accepting the present
Rule 65 petition in place of a Rule 45 petition for review on
certiorari without any sufficiently demonstrated meritorious
ground for exceptional treatment, we are effectively negating our
ruling in the recent Cecilia B. Estinozo v. Court of Appeals, et al.
(544 SCRA 422 [2008]) that a petition for review on certiorari
under Rule 45 and a petition for certiorari under Rule 65 are
mutually exclusive.—Much harder to accept is the ponencia’s
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provisions of the Labor Code and other labor legislations has been
vastly expanded, being unlimited by Articles 129 and 217 of the
Labor Code, provided only that employer-employee relationship
still exists.—The new and amended Article 128(b) did not
retain the formulation of the original as it broke up the
original version into two sentences. In the first sentence, it
recognized the primacy of the visitorial and enforcement powers
of the Secretary of Labor over the terms of Articles 129 and 217.
In other words, the Secretary or his delegate can inspect without
being fettered by the limitations under these provisions. The
second sentence is devoted wholly to the issuance of writs of
execution to enforce the issued orders. It exists as an independent
statement from what the first sentence states and is limited only
by the exception—when the employer cites a documentary proof
that was not considered during the inspection. Thus, under the
amended Article 128(b), as written, the power of the Secretary of
Labor or his representative to enforce the labor standards
provisions of the Labor Code and other labor legislations has been
vastly expanded, being unlimited by Articles 129 and 217 of the
Labor Code, provided only that employer-employee relationship
still exists. The existence of the relationship, however, is still a
matter for the Secretary or the appropriate regional office to
determine, unfettered by Articles 129 and 217 of the Labor Code.
The mere allegation—whether prima facie or not—that employer-
employee relationship exists, does not, by itself, divests the
Regional Director of jurisdiction to rule on the case; the Director
can at least fully determine whether or not employer-employee
relationship exists.
735
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lack of the required legal forms for the bond; to support the
motion, the surety company committed to issue the bond the
following day, June 18, 2004.
Same; Same; Same; The lack of clear authority on the part of
the station manager to commit the corporate funds as a guarantee
is replete with legal implications that render the Deed of
Assignment less than the cash bond that it purports to be—among
others, these implications impose on the Department of Labor and
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TINGA, J.:
The present controversy concerns a matter of first
impression, requiring as it does the determination of the
demarcation line between the prerogative of the
Department of Labor and Employment (DOLE) Secretary
and his duly authorized representatives, on the one hand,
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I.
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3 Id., at p. 92.
4 Id., at p. 94.
5 Id.
6 Per Minutes of the 11 November 2003 Summary Proceeding, DOLE
records, p. 24.
7 Rollo, pp. 96-99.
740
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II.
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17 Id., at p. 469. The Court made the ruling only as regards respondent
Abuan who had made a claim of illegal dismissal but qualified that “the
same (the ruling) does not hold for the rest of respondents, who do not
claim to have illegally dismissed.
745
746
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III.
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36 Id., at p. 207.
37 Orozco v. Court of Appeals, G.R. No. 155207, 29 April 2005, 457
SCRA 700, 709, citations omitted.
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38 Nicol v. Footjoy Industrial Corp., G.R. No. 159372, 27 July 2007, 528 SCRA
300, 318.
757
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39 The Letter Agreement contains the interest rate for the deposit, the
maturity date, the stipulated interest rates in case the principal is
withdrawn within a certain period, as well as the 20% withholding tax.
758
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V.
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42 Id. In this case, the bank certification merely stated that the
spouses/ employer have/has a depository account containing a certain
amount, and that the certification was issued upon the clients’ request for
whatever legal purposes it may serve them. There was no indication that
the said deposit was made specifically for the pending appeal, as in the
instant case.
43 Condo Suite Club Travel, Inc. v. National Labor Relations
Commission, G. R. No. 125671, January 28, 2000, 323 SCRA 679.
760
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CARPIO-MORALES, J.:
I join the dissent of Justice Arturo Brion in pointing out
the obvious: the petition is wrecked beyond salvage.
The course taken by the ponencia leads labor cases to
the iceberg of protracted proceedings and unsecured
execution. Unless the ponencia can justify the
consequential ripples resulting from the decision that could
place the whole vessel of labor rights in distress, I am
constrained to drop an anchor
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** Per Special Order No. 619, Justice Teresita J. Leonardo-De Castro
is hereby designated as additional member of the Second Division in lieu
of Justice Leonardo A. Quisumbing, who is on official leave.
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DISSENTING OPINION
BRION, J.:
I dissent and vote for the dismissal of the petition.
This case originated from a Department of Labor and
Employment (DOLE) inspection conducted pursuant to
Article 128 of the Labor Code.1 The DOLE Regional
Director (Director), the DOLE Secretary (Secretary), and
the Court of Appeals (CA) consistently ruled that an
employer-employee relationship existed between petitioner
Bombo Radyo and the respondent, and that the petitioner
is liable for the payment of the respondent’s monetary
claims. The ponencia, repetitively bending over
backwards, reverses all these rulings and holds that the
result should be otherwise.
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II. Background
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7 Prangan v. National Labor Relations Commission, G.R. No. 126529, April 15,
1998, 289 SCRA 142; see Nicario v. National Labor Relations Commission,
Mancao Supermarket, et al., G.R. No. 125340, September 17, 1998, 295 SCRA 619.
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talent/spinner and work six (6) days a week from 8:00 A.M. to
5:00 P.M., Monday thru Saturday. It was the respondent who paid
complainant’s salary every quincena and was required by the
former to sign payrolls. Notwithstanding the employment contract
stipulating herein complainant as a program employee, his actual
duty pertains to that of a station employee. Moreover, respondent
failed to register said employment contract with the Broadcast
Media Counsel as required. He is required to observe normal
working hours that deductions are made for tardiness. Therefore,
it is crystal clear that complainant is a station employee rather
than a program employee hence entitled to all benefits
appurtenant thereto.”
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III. Discussion
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777
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16 Bay Haven, Inc., et al. v. Abuan, et al., G.R. No. 160859, July 30,
2008, 560 SCRA 457.
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“x x x
An order issued by the duly authorized representative of the
Secretary of Labor and Employment under this article may be
appealed to the latter. In case said order involves a monetary
award, an appeal by the employer may be perfected only upon the
posting of a cash or surety bond issued by a reputable bonding
company duly accredited by the Secretary of Labor and
Employment in the amount equivalent to the monetary award in
the order appealed from.”
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790
“Under the said Policy Instructions, there are two (2) types of
employees in the broadcast industry, namely: 1) “Station
employees—are those whose services are engaged to discharge
functions which are usually necessary and desirable to the
operation of the station and whose usefulness is not affected by
changes of programs, ratings or formats and who observe normal
working hours. These shall include employees whose talents,
skills or services are engaged as such by the station without
particular reference to any specific program or undertaking, and
are not allowed by the station to be engaged or hired by other
stations or persons even if such employees do not observe normal
working hours. 2) Program employees—are those whose skills,
talents or services are engaged by the station for a particular or
specific program or undertaking and who are not required to
observe normal working hours such that on some days they work
for less than eight (8) hours and on other days beyond the normal
work hours observed by the station employees and are allowed to
enter into employment contracts with other persons, stations,
advertising agencies or sponsoring companies. The engagement of
program employees, including those hired by advertising agencies
or sponsoring companies, shall be under a written contract
specifying, among other things, the nature of the work to be
performed, rates to pay, and the programs in which they will
work. The contract shall be duly registered by the station with the
Broadcast Media Council within three (3) days from its
consummation.”
A careful perusal of the records of this case showed that
complainant Jandeleon Juezan was hired by the respondent as a
radio
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talent/spinner and work six (6) days a week from 8:00 A.M. to
5:00 P.M., Monday thru Saturday. It was the respondent who paid
complainant’s salary every quincena and was required by the
former to sign payrolls. Notwithstanding the employment contract
stipulating herein complainant as a program employee, his actual
duty pertains to that of a station employee. Moreover, respondent
failed to register said employment contract with the Broadcast
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