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Court of Appeals
Manila
FOURTEENTH DIVISION
NATIONAL LABOR
RELATIONS COMMISSION,
FIRST CHAMPION &
INTERNATIONAL
ENTERTAINMENT, INC.
(FORMERLY FIRST
CHAMPION 1), MR. JACKSON
T. GAN, ALPHA TOMO
INTERNATIONAL MANPOWER
SERVICES, INC., EDNA S.
OSEA, and LOVE NOTE
TELEGRAM
ENTERTAINMENT,
Promulgated:
Respondents.
May 31, 2018
x-----------------------------------------------------------------------------------------x
DECISION
ROSARIO, J.:
1
Annex "A" of the petition, rollo, pp. 35-45. Penned by Commissioner Mercedes R. Posada-Lacap, with
the concurrence of Presiding Commissioner Grace E. Maniquiz-Tan and Commissioner Dolores M.
Peralta-Beley.
2
Annex "J" of the petition, rollo, pp. 222-234. Penned by Labor Arbiter Gaudencio P. Demaisip, Jr.
CA-G.R. SP NO. 151662 Page 2
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arbiter who, in turn, dismissed their complaint for recovery of wages, moral
and exemplary damages, and attorney's fees. Likewise assailed is the
NLRC's 18 May 2017 Resolution3 denying reconsideration of its 31 March
2017 Decision.
3
Annex "B" of the petition, rollo, pp. 47-50. Same division composition.
4
Rollo, pp. 53-76, inclusive of annexes.
5
Rollo, pp. 68 and 76.
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Alpha Tomo and its president Edna S. Osea denied any liability for
Reyes, Sangalang and Lacanilao's aforementioned claims, asserting that the
latter were never their applicants for overseas employment. Alpha Tomo
and Osea likewise denied that they facilitated Reyes, Sangalang and
Lacanilao's deployment. Alpha Tomo and Osea further denied any
connection to First Champion.
First Champion and its Chief Executive Officer Jason T. Gan likewise
denied any liability to Reyes, Sangalang and Lacanilao. First Champion and
Gan averred that Reyes, Sangalang and Lacanilao had earlier filed before the
Philippine Overseas Employment Administration (POEA) an administrative
complaint against First Champion for violation of POEA's recruitment rules
and regulations. First Champion and Gan brought to fore the sworn
statements executed by Sangalang6 and Lacanilao7 before the POEA hearing
officer in connection with said administrative case. These sworn statements
also served as basis for Sangalang and Lacanilao's complaint for human
trafficking, lodged with the National Bureau for Investigation, against First
Champion.
First Champion and Tan pointed out that these sworn statements
readily show that it was Guevarra who had recruited Sangalang and
Lacanilao. To further support their defense that they had no part in the
recruitment and deployment of Sangalang and Lacanilao, First Champion
and Tan submitted the Affidavit of Withdrawal of Complaint with
Retraction, Waiver and Desistance executed by Sangalang and Lacanilao,
6
Sinumpaang Salaysay dated 5 June 2015, rollo, pp. 100-102.
7
Sinumpaang Salaysay dated 8 June 2015, rollo, pp. 97-99.
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where the two women recanted their statements against First Champion and
declared that they were withdrawing their administrative and criminal
complaints against it.8
Averring that they had entered into settlement of claims with Reyes,
Sangalang and Lacanilao just to buy peace and out of pity for the ordeal
Reyes, Sangalang and Lacanilao experienced, First Champion and Tan
offered the Quitclaim and Release12 executed by Reyes in favor of First
Champion, and the Payment Vouchers signed by Sangalang13 and
Lacanilao14 representing the payment for the final settlement of their case.
The quitclaim and payment vouchers showed that Reyes, Sangalang and
Lacanilao each received twenty-five thousand pesos.
In his 29 November 2016 Decision,15 the labor arbiter found that the
sworn statements, affidavit and quitclaims executed by Reyes, Sangalang
8
See Lacanilao's Affidavit of Withdrawal of Complaint with Retraction, Waiver and Desistance dated 26
October 2015 with respect to the human trafficking case, rollo, pp. 127-128; Sangalang's Affidavit of
Withdrawal of Complaint with Retraction, Waiver and Desistance dated 26 October 2015 with respect
to the human trafficking case, id. at 129-130; Lacanilao's Affidavit of Withdrawal of Complaint with
Retraction, Waiver and Desistance dated 7 August 2015 with respect to the recruitment violation case,
id. at 133; Sangalang's Affidavit of Withdrawal of Complaint with Retraction, Waiver and Desistance
dated 7 August 2015 with respect to the recruitment violation case, id. at 134.
9
Rollo, p. 135.
10
Dated 10 August 2015, rollo, p. 132.
11
A copy of this sworn statement is not included in the record before this Court.
12
Rollo, p. 137.
13
Id. at 141.
14
Id. at 142.
15
Supra note 2.
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and Lacanilao effectively refuted their allegation that they were hired by
First Champion. The labor arbiter thus disposed:
16
Supra note 1.
17
Supra note 3.
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Petitioners urge this Court to not give credence to the statements and
affidavits they executed before the POEA, which they contend has no
jurisdiction over their money claims as this power is lodged with the labor
arbiter.
Indeed, the labor arbiter has original and exclusive jurisdiction to hear
and decide disputes arising out of an employer-employee relationship. The
petitioners' argument that the POEA has no jurisdiction over their money
claims, however, springs from a misguided premise that in giving credence
to the sworn statements petitioners had executed before the POEA, the
NLRC merely adopted the findings of the POEA.
It should be clear from the above disquisition that the NLRC gave
credence to petitioners' sworn statements because they were written
admissions made before the administering officers of the POEA, who are
presumed to have regularly performed their official duty. No inference
could be made from the NLRC's disquisition above that the POEA had
adjudicated upon petitioners' money claims, which adjudication the NLRC
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Aside from the fact that the phrase "Failure to disclose the required
information would cause the dismissal of the case and the expunction of the
pleadings from the records" had already been repealed and replaced by the
phrase "Failure to disclose the required information would subject the
counsel to appropriate penalty and disciplinary action", pursuant to the
24
Labor Arbiter Decision, p. 11; rollo, p. 232. NLRC Decision, p. 7; rollo, p. 41.
25
See Labor Code, Article 97 (f). Article 97 (b) explains that "Employer" includes an person acting
directly or indirectly in the interest of an employer in relation to an employee.
26
Rollo, pp. 154-156.
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Resolution of the Court En Banc dated 14 January 2014,27 Section 10, Rule
VII of the 2011 NLRC Rules of Procedure, as amended, specifically
provides that –
SO ORDERED.
RICARDO R. ROSARIO
Associate Justice
WE . . .
27
See OCA Circular No. 79-14, dated 26 May 2014.
28
Spic N' Span Services Corporation v. Paje, G.R. No. 174084, 25 August 2010, 643 Phil. 474.
29
Ramos v. BPI Family Savings Bank, G.R. No. 203186, 4 December 2013, 722 Phil. 816.
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. . . CONCUR:
CERTIFICATION
RICARDO R. ROSARIO
Associate Justice
Chairperson, Fourteenth Division
RRR/cam(WBM)