CASE DIGESTS

MANDAUE GALLEON TRADE INC; AND GAMALLOSONS TRADERS INC;

(PETITIONERS)

VICENTE ANDALES RESTITUTA SOLITANA ELPIDIO SUELTO ET AL;

( RESPONDENTS)

FACTS:Vicente Andale’s alleged that MGTI hired them on various dates as weavers, grinders, sanders
and finishers; sometime in August 1998, workers in the Finishing Department were told that they would
be transferred to a contractor and they were given Visitor Identification Cards (IDs), while workers in the
Weaving Department were told to look for work elsewhere as the company had no work for them;
sometime in September 1998, workers in the Grinding Department were not allowed to enter the
company premises, while workers in the Sanding Department were told that they could no longer work
since there was no work available; workers who were issued IDs were allowed to go inside the premises;
and they were dismissed without notice and just cause.On the other hand, MGTI denied the existence of
employer-employee relationship with Vicente Andale’s claiming that they are workers of independent
contractors whose services were engaged temporarily and seasonally when the demands for its products
are high and could not be met by its regular workforce; the independent contractors recruited and hired
the complainants, prepared the payroll and paid their wages, supervised and directed their work, and had
authority to dismiss them.

ISSUE: Whether or not Vicente Andale’s filed illegal dismissal and non-payment of 13th month pay and
service incentive leave pay. His other co-workers numbering 260 filed a similar complaint against
petitioner MGTI only.

HELD: The CA Amended Decision cannot be considered by the Court as a void judgment, as it
was rendered by a tribunal with jurisdiction over the subject matter of the petition.Neither can
respondents complain that they were denied due process of law since they had the opportunity to be
heard when they assailed the reduction of separation pay in their Petition for Certiorari, G.R. No. 162227,
but bungled the same when they failed to comply with the basic procedural requirements in filing the
petition. Respondents cannot be allowed to resurrect a cause lost thru negligence in properly pursuing
their case. WHEREFORE, the present petition is DENIED for lack of merit.
CASE DIGESTS

ARNULFO C. ACEVEDO,

(PETITIONER) G.R. No. 157656

ADVANSTAR COMPANY INC.

and/or FELIPE LOI, Manager,
and TONY JALAPADAN,
(RESPONDETS) November 11, 2005

FACTS: Arnulfo Acevedo: hired as the driver of the truck assigned to him by ACIAcevedo was

tasked to sell and deliver stocks to outlets and customers, collect payments, and to maintain

the truck in good and clean condition. He reported for work from 6:00 a.m. to 8:00 or 9:00

p.m. Aside from Acevedo, Jalapadan also hired a loader (kargador).Acevedo received a daily

wage of P152.00 and was paid on a weekly basis. He also enjoyed sick leave privilege, which

benefit was convertible into cash. they were one big family, but Acevedo refused He then

signed a Letter dated October 10, 1998, informing Jalapadan that he was resigning effective

that date.

ISSUE: Whether or not Arnulfo Acevedo filed for illegal dismissal and for the recovery of

backwages and other monetary benefits.

HELD: WHEREFORE ARNULFO C. ACEVEDO GRANTED. The Decision and Resolution of the

Court of Appeals are REVERSED AND SET ASIDE. The Court declares respondent Tony Jalapadan

as a labor-only contractor, and respondent Advanstar Company Inc. as the principal employer

of Petitioner Arnulfo C. Acevedo. The respondents are hereby ORDERED to allow the petitioner

to report back for work as driver under the same terms and conditions existing before October

8, 1998, upon finality of this Decision. No costs.

CASE DIGESTS

COCA-COLA BOTTLERS PHILIPPINES, INC.,

(PETITIONER) G.R. No. 184977

RICKY E. DELA CRUZ

ROLANDO M. GUASIS
MANNY C. PUGAL RONNIE
L. HERMO, ROLANDO C.
SOMERO, JR DIBSON D.
DIOCARES AND IAN B. ICHAPARE
(RESPONDENTS) DECEMBER 7, 2009

FACTS: Ricky E. Dela Cruz, Rolando M. Guasis, Manny C. Pugal, Ronnie L. Hermo, Rolando C.
Somero, Jr., Dibson D. Diocares, and Ian Ichapare The complaints were consolidated and
subsequently amended to imp lead Peerless Integrated Service, Inc. (Peerless) as a party-
respondent. The respondents alleged that they are route helpers assigned to work in the Coca-
Cola Bottlers Phil Inc trucks. They go from the Coca- Cola sales offices or plants to customer
outlets such as sari-sari stores, restaurants, groceries, supermarkets and similar
establishments; they were hired either directly by the petitioner or by its contractors, but they
do not enjoy the full remuneration, benefits and privileges granted to the Coca-Cola Bottlers
Phil Inc regular sales force

ISSUE: Whether or not Ricky E. Dela Cruz and other coworkers filed for regularization with
money claims against Coca-Cola Bottlers Philippines, Inc.

HELD: the CA that Peerless and Excellent were mere suppliers of labor who had no sufficient
capitalization and equipment to undertake sales and distribution of soft drinks as independent
activities separate from the manufacture of soft drinks, and who had no control and
supervision over the contracted personnel. company employees. In these lights, the petition is
totally without merit and hence must be denied. WHEREFORE, premises considered, we
hereby DENY the petition.
CASE DIGESTS

JOEB M. ALIVIADO AND OTHER COWORKER

(PETITIONERS) G.R. No. 160506

PROCTER & GAMBLE PHILS.INC.

and PROMM-GEM INC.,

(RESPONDENTS) March 9, 2010

FACTS: They all individually signed employment contracts with either Promm-Gem or SAPS for periods
of more or less five months at a time. They were assigned at different outlets, supermarkets and stores
where they handled all the products of P&G. They received their wages from Promm-Gem or SAPS.
SAPS and Promm-Gem imposed disciplinary measures on erring merchandisers for reasons such as
habitual absenteeism, dishonesty or changing day-off without prior notice. P&G is principally engaged in
the manufacture and production of different consumer and health products, which it sells on a
wholesale basis to various supermarkets and distributors. To enhance consumer awareness and
acceptance of the products, P&G entered into contracts with Promm-Gem and SAPS for the promotion
and merchandising of its products.

ISSUE: JOEB M. ALIVIADO and other Co-workers was filed a against P&G for regularization, service
incentive leave pay and other benefits with damages. The complaint was later amended to include the
matter of their subsequent dismissal.

HELD: WHEREFORE JOEB M. ALIVIADO and other Co-workers GRANTED the (CA) alleging grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of the Labor Arbiter
and the NLRC. However, said petition was also denied by the (CA) the decision of the National
Labor Relations Commission is AFFIRMED with the MODIFICATION that respondent
Procter & Gamble Phils., Inc. is ordered to pay service incentive leave pay to petitioners.
CASE DIGESTS

ALEXANDER VINOYA,

(PETITIONER) G.R No. 126586

NATIONAL LABOR RELATIONS COMMISSION,

REGENT FOOD CORPORATION AND/OR RICKY SEE (PRESIDENT),

(RESPONDENTS) February 2, 2000

FACTS: Alexander Vinoya claims that he applied and was accepted by RFC as sales
representative on 26 May 1990. On the same date, a company identification card was
issued to him by RFC. : Alexander Vinoya alleges that he reported daily to the office of
RFC, in Pasig City, to take the latters van for the delivery of its products. According to
Alexander Vinoya during his employ, he was assigned to various supermarkets and grocery
stores where he booked sales orders and collected payments for RFC. For this task, he was
required by RFC to put up a monthly bond of P200.00 as security deposit to guarantee the
performance of his obligation as sales representative. Alexander Vinoya contends that he
was under the direct control and supervision of Mr. Dante So and Mr. Sadi Lim, plant
manager and senior salesman of RFC, respectively. He avers that on 1 July 1991, he was
transferred by RFC to Peninsula Manpower Company, Inc. After his transfer to PMCI,
Alexander Vinoya was allegedly reassigned to RFC as sales representative. Subsequently,
he was informed by Ms. Susan Chua, personnel manager of RFC, that his services were
terminated and he was asked to surrender his ID card. Alexander Vinoya was told that his
dismissal was due to the expiration of the Contract of Service between RFC and PMCI.
Alexander Vinoya claims that he was dismissed from employment despite the absence of
any notice or investigation. Consequently, on 3 December 1991, petitioner filed a case
against RFC before the Labor Arbiter for illegal dismissal and non-payment of 13th month
pay.

ISSUE: Whether or not Alexander Vinoya was filed against Regent Food Corporation for illegal
dismissal and non-payment of 13th month pay

HELD: An employee who has been illegally dismissed is entitled to reinstatement to his
former position without loss of seniority rights and to payment of full back wages
corresponding to the period from his illegal dismissal up to actual reinstatement.
WHEREFOREthe petition is GRANTED.
CASE DIGESTS

NEW GOLDEN CITY BUILDERS & DEVELOPMENT CORPORATION and MANUEL SY,
(PETITIONERS) G.R No. 154715
COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, LITO GALLO, TEOFANES
ANORA, RICARDO CENTINALES, ROBERTO QUIRINO, LORENZO DIVINAGRACIA, EUTIQUIO
ANORA, TEFILO ANORA, ANECITO VISTAL, DIONISIO VISTAL, ARNOLD DE VERA, ARNOLD
PAGENIO, ROGELIO MELENCIO, CECILIANO MELENCIO, OLYMPIO NENIZA, MANUEL NENIZA,
CASTOR ANORA, ROLAND TROBISO, FREDISVINDO DE VERA, ANTONIO ARTUGUE, RENE EPIZ,
PACIANO ROSAUPAN, JANELO REPOLEDON and TORIBIO MELENCIO,
(RESPONDENTS) December 11, 2003
FACTS: New Golden City Builders and Development Corporation, a corporation engaged in the
construction business, entered into a construction contract with Prince David Development
Corporation for the construction of a 17-storey office and residential condominium building
along Katipunan Road, Loyola Heights, Quezon City, Metro Manila. New Golden City Builders
and Development Corporation engaged the services of Nilo Layno Builders to do the specialized
concrete works, form works and steel rebars works, in consideration of the total contract price
of P5 Million. Pursuant to the contract, Nilo Layno Builders hired private respondents to
perform work at the project.
ISSUE: Whether or not private respondents filed a complaint case against New Golden City
Builders and Development Corporation and president Manuel Sy with the Arbitration Branch
of the NLRC for unfair labor practice, non-payment of 13th month pay, non-payment of 5 days
service incentive leave, illegal dismissal and severance pay in lieu of reinstatement.
HELD: New Golden City Builders and Development Corporation. Manuel Sy is ABSOLVED from
liability for the payment of back wages to private respondents. However, he is ORDERED to pay,
jointly and severally with Nilo Layno Builders, private complainants Service Incentive Leave Pay
and 13th Month Pay. WHEREFORE, in view of the foregoing, the New Golden City Builders and
Development Corporation. Manuel Sy is PARTLY GRANTED.
CASE DIGESTS
TEMIC AUTOMOTIVE PHILIPPINES, INC.,
(PETITIONER) G.R. No. 186965

TEMIC AUTOMOTIVE PHILIPPINES, INC. EMPLOYEES UNION-FFW,

(RESPONDENTS) December 23, 2009

FACTS: TEMIC AUTOMOTIVE PHILIPPINES, INC is composed of several departments, one of

which is the warehouse department consisting of two warehouses - the electronic braking
system and the comfort body electronics. These warehouses are further divided into four
sections - receiving section, raw materials warehouse section, indirect warehouse section and
finished goods section. The union members are regular rank-and-file employees working in
these sections as clerks, material handlers, system encoders and general clerks. Their functions
are interrelated and include: receiving and recording of incoming deliveries, raw materials and
spare parts; checking and booking-in deliveries, raw materials and spare parts with the use of
the petitioner's system application processing; generating bar codes and sticking these
on boxes and automotive parts; and issuing or releasing spare parts and materials as may be
needed at the production area, and piling them up by means of the company's equipment
(forklift or jacklift).

ISSUE: Whether or not the company validly contracted out or outsourced

services involving forwarding, packing, loading and clerical activities related
Whether or not the functions of the forwarders' employees are functions being
performed by regular rank-and-file employees covered by the bargaining unit.

HELD: WHEREFORE, premises considered, we hereby NULLIFY and SET ASIDE the CA fully
affirmed the voluntary arbitrators decision and dismissed the: TEMIC AUTOMOTIVE PHILIPPINES,
INC for lack of merit. declaring the employees of forwarders Diversified Cargo Services, Inc.,
Airfreight 2100 and Kuehne & Nagel, Inc., presently designated and functioning as clerks,
material handlers, system or data encoders and general clerks, to be regular company
employees. No costs.
CASE DIGESTS

A.N. BOLINAO, JR., JUAN A. AGSALON, JR., ZOSIMO L. CARREON AND REYNOLD P. DANNUG,

( PETITIONERS) G.R. No. 81415

HON. MANUEL S. PADOLINA, PHELPS DODGE (PHILS.) INC., BANK OF AMERICA, AND DEPUTY
SHERIFF CARLOS G. MAOG,

(RESPONDENTS) June 6, 1990

FACTS: Bolinao, Jr., Reynold P. Dannug, Juan A. Agsalon, Jr. and Zosimo L. Carreon were all
former employees of Sabena Mining Corporation, which had a copper and gold project in
operation, located in New Bataan, Davao del Norte. On May 29,1984, a compromise agreement
was entered into by the parties, wherein Bolinao, Jr., Reynold P. Dannug, Juan A. Agsalon, Jr.
and Zosimo L. Carreon were to be paid on a staggered basis the collective amount of
P385,583.95 (Rollo, Petition, Annex "A, pp. 22-24). The company faithfully complied with the
scheduled payments only up to March, 1985 because it ceased operations effective April 1,
1985. With this development, Bolinao, Jr., Reynold P. Dannug, Juan A. Agsalon, Jr. and Zosimo L.
Carreon moved for the issuance of a writ of execution in June, 1985 (Rollo, Petition,

ISSUE: Whether or not Bolinao, Jr., Reynold P. Dannug, Juan A. Agsalon, Jr. and Zosimo L.
Carreon filed a formal complaint for collection of unpaid salaries, unused accrued vacation and
sick leave benefits, 13th month pay and separation pay.

HELD: WHEREFORE PREMISES CONSIDERED, the petition is hereby DISMISSED for lack of merit
and the questioned the respondent court is hereby AFFIRMED
CASE DIGESTS

REPUBLIC OF THE PHILIPPINES, represented by the Bureau of Customs and the Bureau of
Internal Revenue,
(PETITIONER) G.R. No. L-56568

HONORABLE E.L. PERALTA, PRESIDING JUDGE OF THE COURT OF FIRST INSTANCE OF MANILA,
BRANCH XVII, QUALITY TABACCO CORPORATION, FRANCISCO, FEDERACION OBRERO DE LA
INDUSTRIA TABAQUERA Y OTROS TRABAJADORES DE FILIPINAS (FOITAF) USTC EMPLOYEES
ASSOCIATION WORKERS UNION-PTGWO,
(RESPONDENT) May 20, 1987

FACTS: The Republic of the Philippines seeks the review on certiorari of the Order dated 17
November 1980 of the Court of First Instance of Manila in its Civil Case No. 108395 entitled "In
the Matter of Voluntary Insolvency of Quality Tobacco Corporation, Quality Tobacco
Corporation, Petitioner," and of the Order dated 19 January 1981 of the same court denying the
motion for reconsideration of the earlier Order filed by the Bureau of Internal Revenue and the
Bureau of Customs for the Republic

ISSUE: Whether or not separation pay is included in the term “wages”. Whether or not
separation pay of their respective members embodied in final awards of the NLRC wereto be
preferred over the claims of the Bureau of Customs and the BIR.

HELD: WHEREFORE, the petition for review is granted the trial court are modified accordingly.
This case is hereby remanded to the trial court for further proceedings in insolvency compatible
with the rulings set forth above. No pronouncement as to costs.
CASE DIGESTS
DEVELOPMENT BANK OF THE PHILIPPINES,

(PETITIONER) G.R. Nos. 82763-64

NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER ISABEL P. ORTIGUERRA, and

LABOR ALLIANCE FOR NATIONAL DEVELOPMENT,

(RESPONDENTS) March 19, 1990

FACTS: The complainants in the two cases filed below were former employees of Lirag Textile
Mills, Inc. (LIRAG, for short). LIRAG was a mortgage debtor of DBP. Private respondent Labor
Alliance for National Development (LAND, for brevity) was the bargaining representative of the
more or less 800 former rank and file employees of LIRAG. Around September 1981, LIRAG
started terminating the services of its employees on the ground of retrenchment. By December
of the said year there were already 180 regular employees separated from the service. LIRAG
has since ceased operations presumably due to financial reverses.

ISSUE: Whether or not behalf of 180 dismissed members, also filed a Complaint against LIRAG
seeking separation pay, 13th month pay, gratuity pay, sick leave and vacation leave pay and
emergency allowance These two cases were consolidated and jointly heard by the NLRC. Said
complainants have since been joined by supervisors and managers.

HELD: WHEREFORE, Certiorari is GRANTED, and the assailed Decision of public respondent, the
National Labor Relations Commission (NLRC) is hereby SET ASIDE. The Development Bank of the
Philippines, the Asset Privatization Trust, the Labor Alliance for National Development (LAND),
and other creditors who may be so minded, are hereby directed, within sixty (60) days from
notice, to institute involuntary insolvency proceedings before the proper Court where all the
assets of Lirag Textile Mills, Inc., may be inventoried, the preferences of all its creditors
determined, and their claims discharged in a binding and conclusive manner. No costs.