Republic of the Philippines Department of Labor and Employment NATIONAL LABOR RELATIONS COMMISSION Cagayan De Oro City ___________________, ___________________, Proprietor EG Supply
Petitioner, Petitioner,
Case no. _______________ _______________ (NLRC Case No._______)
-versus __________________ __________________ , TE E!EC"TI#E LABOR ARBITER RETT $"LI"S $. PLAGA PLAGAT TA, AN% TE S SERI ERI&& && O& NLRC S"B'REGIONAL ARBITRATION BRANC NO. %IPOLOG CIT* Respondent s -----------------------
ANS+ER (O t-e Petitioers ANN"LMENT AN%/OR MO%I&ICATION O& COMP"TATION O& A+AR%/+RIT O& E!C"TION, +IT PRA*ER &OR PRELIMINAR* IN$"NCTION) Private Respondent , ______________ ______________ ! thru undersigned counsel! and unto this "onorable Commission! most respectfully states that# TIMELINESS O& TE ANS+ER
$n consonance %ith the &aterial Date Rule and to sho% forth the timeliness of the filing of this 'ns%er! 'ns%er! herein private respondent respectfully reiterate the follo%ing material dates# (. )he a Petition for ANN" ANN"LM LMEN ENT T AN%/ AN%/OR OR MO%I&ICATION O& COMP"TATION O& A+AR%/+RIT O& E!C"TION, +IT PRA*ER &OR %as file filed d by herei erein n PRELIMINA PRELIMINAR* R* IN$"NCTI IN$"NCTION ON %as
Page ( of (*
Petitioner! Emma '. &utia! proprietor! E+ 'gricultural ,upply on 01 &e2ruary 034 . "erein private respondent received a copy of the aforestated Petition only on 4 Mar5- 034 *. "erein Private Respondent is given (/ calendar days under the /(( 0LRC Rules of Procedure! as amended! from receipt of the assailed the Petition! or until 34 Mar5- 034 to file this 'ns%er 1. Private Respondent! ____________, is filing and serving this &emorandum of 'ppeal on No6e72er 038. PRE&ATOR* STATEMENT
2ell-settled is the rule that once the employee has set out %ith particularity in his complaint! position paper! affidavits and other documents the labor standard benefits he is entitled to! and %hich he alleged that the employer failed to pay him! it becomes the employer3s burden to prove that it has paid these money claims. Oe 9-o plea:s pay7et -as t-e 2ur:e o; pro6i< it, a: e6e 9-ere t-e e7ployees 7ust alle
er -a6e 2ee pai: = are ot i t-e possessio o; t-e 9or>er 2ut i t-e 5usto:y a: a2solute 5otrol o; t-e e7ployer 1. STATEMENT O& TE CASE
't the onset! herein private respondent ___________ filed a re4uest for assistance before the ,ingle-Entry 'pproach 5,E0'6 of the Department of Labor and Employment in 7amboanga Del 0orte field Office claiming for unpaid holiday! overtime pay! premium pay and monetary value of his service incentive leaves during his tenure as an employee of herein Petitioner8s! __________ and its o%ner _________ "ereafter! several conciliation-mediation conferences %ere conducted on / +une /(9! (: +une /(9 and / +uly /(9! ho%ever! herein parties failed to amicably settle the instant controversy. "ence! a Complaint %as filed against herein E; and _________ on / +uly /(9 (
;.R. 0o. (<<:9=! >ebruary (*! /(* Page of (*
'ncillary thereto! summons %as issued setting the mandatory conciliation8mediation conference on (9 +uly /(9. "o%ever! during the scheduled conference! herein parties %ere not able to reach a compromise agreement. )he case %as referred to Eecutive Labor 'rbiter! Rhett +ulius +. Plagata 5L' Plagata! for brevity6! of the 0ational Labor Relations Commission ,ub-'rbitration ?nit! Dipolog City 50LRC ,'?! for brevity6 for appropriate action 'n Order! dated (9 +uly /(9 %as issued by Eecutive Labor 'rbiter! Rhett +ulius +. Plagata 5L' Plagata! for brevity6! 0LRC ,'?! %herein herein parties %ere directed to submit their respective verified position papers On /: October /(9! L' Plagata issued a Decision dismissing all the claims of the herein __ for lac@ of merit. L' Plagata ruled that ____ failed to sho% any competent evidence to prove that he rendered %or@ during those days and payments for premium pay for rest days and holidays and overtime. Claim for ,ervice $ncentive Leave Pay 5,$L! for brevity6 %as also li@e%ise denied as it has been complied %ith! as per 0otice of 'ssessment issued by the DOLE On = 0ovember /(9! _____ filed a &emorandum 'ppeal before the 0ational Labor Relations Commission 50LRC D$A! for brevity6! |
Dated 1 October /(1. Page * of (*
Conse4uently! on (: +une /(:! the 0LRC D$A acted upon the &otion for Reconsideration! dated (< 'pril /(:! issued a Resolution thereby denying the same for lac@ of merit. $t further held that no ne% matter has been raised nor presents any compelling reason for the 0LRC D$A to act upon %hich %ould %arrant an alteration or modification! much less reversal of the assailed Decision! dated */ &arch /(:. Corollary! on */ 'ugust /(:! an Entry of +udgment %as issued by the 0LRC D$A upon its (: +une /(: Resolution and the same became >$0'L and EEC?)ORF on (G 'ugust /(:! %hich %as thereby entered recorded in the Hoo@ of Entries of +udgment. 'ccordingly! on * 0ovember /(:! _____! through counsel! filed a &otion for $ssuance of the 2rit of Eecution! in order to satisfy the a%ards mandated by in the Decision! dated */ &arch /(:. )hus! a 0otice of PreEecution Conference! dated (: 0ovember /(: %as issued by the 0LRC D$A! notifying the counsels of the herein parties the set pre-eecution conference before the 0LRC! ,ub-Regional 'rbitration Hranch 0o. = on (1 December /(:. On (1 December /(:! herein petitioners failed to attend the scheduled pre-eecution conference. )hen! on the same date! L' Plagata issued an Order! directing the parties to submit their respective computation of a%ards for premiums for overtime %or@ rendered and for %or@ performed during holidays! and also his ,$L pay! pursuant to Resolution! dated */ &arch /(: and the &otion! dated * 0ovember /(: shall be deemed submitted for Resolution %ith specific computation of a%ards. $n compliance there%ith! on G December /(:! herein _____ submitted his computation pursuant to Order! dated (1 December /(:. On ( +anuary /(G! an Order %as issued by L' Plagata! %hereby directing the issuance of a 2rit of Eecution for the enforcement of the final a%ards in the instant case based on the foregoing computation# Ser6i5e I5eti6e Lea6e P*(9.// (/ years 9 days I oli:ay Pay 's computed by complainant O6erti7e Pay On regular holiday On holidays
P (9! G9/.// P ((! *1/.// P (G9! ///.// P ((! G//.// P (*! G=/.//
Page 1 of (*
On (G +anuary /(G! herein petitioners filed a consolidated &otion! to %it# Reconsideration of the Order! dated ( +anuary /(G! re-computation and to suspend issuance of 2rit of Eecution82ithhold its $mplementation. Responsively! on (: >ebruary /(G! "on. L' Plagata issued an Order stating its inaction upon the &otions! dated ( +anuary /(G due to &otion for Reconsideration of any order of the Labor 'rbiter is a prohibiting pleading in accordance to ,ection *! Rule A! /(( 0LRC Rules on Procedure! as amended. ,imultaneously! a 2rit of Eecution %as thereby issued! the dispositive portion of %hich as follo%s# NO+, +ERE&ORE! you are hereby commanded to go to the premises of E+ 'gricultural ,upply and8or Emma &utia along JueKong 'venue! Harra! Dipolog City or any%here in the Philippines! %here it may have properties or assets not eempt from eecution! collect from any of them the sum of P (*! G=/.//! plus eecution fee in the sum of P (! :*G.=/ and deposit fee of P (! /G<.=9! or the total sum of P (:! 9/:.<9! and remit said total amount to this Office for further disposition. ,hould you fail to collect the same in cash! you are further commanded to satisfy said Budgment a%ard and fees out of the personal properties of the respondents! and if there be none! out of its real properties! all in accordance %ith la%. 0otably! on 1 >ebruary /(G! herein petitioners filed an 'nnulment and8or &odification of Computation of '%ard82rit of Eecution! %ith Prayer for Preliminary $nBunction! see@ing to annul or modify the t%o 56 Orders of L' Plagata! in relation to the decision 0LRC Case 0o. ,ub-R'H/=-/G-(//**-/(9 Dipolog City. "ence! this 'ns%er. GRO"N%S RELIE% "PON I. TERE IS NO SERIO"S ERROR O& &ACTS +IC +ILL CA"SE
Page 9 of (*
%AMAGE OR IN$"R* TO TE PETITIONER II. TERE &INAL COMP"TATION O& MONE* A+AR% IS $"ST, REASONABLE AN% +ITIN TE BO"N%S O& TE NLRC ?T %I#ISION %ECISION ARG"MENTS/%ISC"SSIONS I Pri6ate respo:et -as a::u5e: su;;i5iet e6i:e5e ;or -is etitle7et o; t-e pre7iu7s ;or o6erti7e 9or> re:ere: a: ;or 9or> per;or7e: :uri< -oli:ays a: ser6i5e i5eti6e lea6e pay.
>irst and foremost! in the pending Petition before this "onorable Commission! the herein petitioner 4uoted a pertinent portion of the Decision! dated */ &arch /(:! %hich %as promulgated by the 0LRC D$A to %it# Least-%ise! the complainant has presented the photocopy of Logboo@ 5Daily 'ttendance ,heet69! the authenticity of %hich is not rebutted by the respondent! sho%ing that he rendered overtime %or@ and had %or@ed during holidays but %ithout having been paid of the corresponding premiums therefor. : Hy citing the particular provision clearly indicates that herein petitioner undisputedly admit the authenticity and truthfulness of contents therein. 's a matter of fact! herein petitioner relied on its contents to prove her averments %ith regard to her o%n computation of overtime %or@ rendered and for %or@ performed during holidays. $t must be note%orthy to remember the same document has been presented by ____ on his appeal
Page : of (*
before the 0LRC D$A. )hus! the fact that there are unpaid regular and holiday overtime time pay! indeed is true and eist. $n the case of Heirs of Ridad, et. al, v. +usay*! the ,upreme Court ruled that# 2ell-settled is the rule that once the employee has set out %ith particularity in his complaint! position paper! affidavits and other documents the labor standard benefits he is entitled to! and %hich he alleged that the employer failed to pay him! it becomes the e7ployers 2ur:e to pro6e that it has paid these money claims. One %ho pleads payment has the burden of proving it! and even %here the employees must allege non-payment! the general rule is that the burden rests on the employer to prove payment! rather than on the employees to prove non-payment. $t is settled that the employer has the burden to prove that he8she has paid such claims of unpaid benefits. 's per determination of the 0LRC D$A in its Decision! dated */ &arch /(:! the logboo@ sho%s that regular and holiday overtime pay has not been paid by herein petitioner. )here is no evidence to sho% that they are unpaid nor any remuneration to such effect has been received by ____. $ndubitably! entitlement of ____ to service incentive leave pay 5,$L6 is %arranted. 'pplying the above-stated rule! since there is no evidence adduced to prove that the employer pay ,$L benefits unto _____! fact of unpaid ,$L pay eist. )o augment! the 0LRC D$A found no rebuttal on the part of the petitioner! hence! there is no need further evidence on the part of the employee! having particularly set it out in his complaint! position paper! affidavits and other documents. $$ T-e 5o7putatio o; ser6i5e i5eti6e lea6e pay (sil) is 5orre5t.
)he petitioner submits the a computation as follo%s# ,$L- since employment //9 (!//IM1/8day 9days //:-//= 1!//IM
;.R. 0o. (<<:9=! >ebruary (*! /(* Page G of (*
/(/-/(1 :!///IM*//8day 9days Total 33,1 'ccording to the petitioner! the basis for the computation should be premised on the current rates of the years they refer to. )he premised is incorrect. )he basis for the computation shall be the salary rate at the time of commutation. 1 $n the case of Auto Bus Transport Systems, Inc. v. Bautista 9! citing Fernandez v. !R" :! the ,upreme Court has the occasion to hold that ,ervice $ncentive Leave is allo%ed to be converted in money! thus# ,ervice incentive leave is a right %hich accrues to every employee N $t is also # commutable to its money equivalent if not used or exhausted at the end of the year." In other words, an employee who has served for one year is entitled to it. He may use it as leave days or he may collect its monetary value . 5Emphasis Ours6 Congruently! $n the case of Republic Planters Ban$ v. !R" % Santos & , the ,upreme Court has the occasion to describe the rationale behind accumulation and conversion! thus# )he conversion of leave credits into their cash e4uivalent is aimed primarily to encourage %or@ers to %or@ continuously and %ith dedication for the company. Companies offer incentives! such as the conversion of the accumulated leave credits into their cash e4uivalent! to lure employees to stay %ith the company. Lea6e 5re:its are or7ally 5o6erte: ito t-eir 5as- e@ui6alet 2ase: o t-e last pre6aili< salary re5ei6e: 2y t-e e7ployee. Considering all these! the accumulated leave credits should be converted based on the upgraded salary of the retiree! %hich is the salary rate of the ran@ net higher. Hased from the foregoing! there is no basis to depart from the above-cited computation as ruled by L' Plagata! in its Order! dated ( +anuary /(G. )he prevailing rate at the time of commutation is P *(9! %hich is in /(9! upon the time of ____ cessation from employment. T-e 5o7putatio o; Re
'Kucena! )he Labor Code! 2ith Comments and Cases! Gth Edition! /(/ page 9=. 9 ;.R. 0o. (9:*:G! &ay (:! //9 : ;.R. 0o. (/9<=! < +anuary (==< G ;.R. 0o. ((G1:/. +anuary :! (==G Page < of (*
"erein petitioner submits the computation as follo%s# GG hours *G.9/ per hour I P!<
<
'rt. <*! )he Labor Code# 0ormal hours of %or@. )he normal hours of %or@ of any employee shall not eceed eight 5<6 hours a day. = ;.R. 0o. (===
Page = of (*
)he petitioner posits that the rec@oning point of the three 5*6 year prescriptive period should be counted from /((-/(1 as opposed to &arch /( to &arch /(9! should be reBected. 'll money claims shall be filed %ithin three 5*6 years from the time the cause of action accrued! as categorically provided under 'rticle =( of the Labor Code of the Philippines! thus# Arti5le 03. Moey Clai7s . 'll money claims arising from employer-employee relations accruing during the effectivity of this Code shall be filed %ithin three 5*6 years from the time the cause of action accrued other%ise they shall be barred forever.
"o%ever! the Labor Code has no specific provision on %hen a monetary claim accrues. )hus! again the general la% on prescription applies. 'rticle ((9/ of the Civil Code provides! as follo%s# Arti5le 338. )he time for prescription for all @inds of actions! %hen there is no special provision %hich ordains other%ise! s-all 2e 5oute: ;ro7 t-e :ay t-ey 7ay 2e 2rou<-t . 5Emphasis Ours6
)he "igh Court! in the case of nabe vs. sian !onstruction, et. al. , pronounced that! the day the action may be brought is the day a claim started as a legal possibility. 1
Recalled from the records of the case! ________ has no @no%ledge %ith regard to "oliday Overtime Premium Pay. "e %as not informed of his benefits under labor standards! not until he in4uired before the Department of Labor and Employment that came in his @no%ledge of the said benefits after his resignation on &arch /(9. &oreover! the ,upreme Court! in the recent case of *irant +Pilippines- "orporation % Bautista v. "aro ! has upheld the liberation construction rule in Labor! to %it )his Burisdiction has adopted in the field of labor protection a liberal stance to%ards the construction of the rules of procedure in order to serve the ends of substantial Bustice. )his liberal construction in labor la% emanates from the mandate that the %or@ingman3s %elfare should be the primordial (/
;.R. 0o. (<***! December *! //= ;.R. 0o. (<(1=/! 'pril *! /(1
((
Page (/ of (*
and paramount consideration. )hus! if the rules of procedure %ill stunt courts from fulfilling this mandate! the rules of procedure shall be relaed if the circumstances of a case %arrant the eercise of such liberality. )hus! the present * year prescriptive period! %hich is from &arch /( to &arch /(9 should remained untouched. )he ten 5(/6 regular holiday claim of the petitioner should li@e%ise failed. $n //=! Republic 'ct 0o. =<1= (! %as enacted! %hich add t%o 56 more regular holiday from the original ten 5(/6 regular holidays enBoyed in the Philippines. >rom this foundation! there is no need for any evidence to prove the eistence and truthfulness on the matter. )hus! the t%elve 5(6 regular holiday should be follo%ed! conse4uently! the */ days holiday pay as suggested by the petitioner cannot be allo%ed.
PRA*ER +ERE&ORE, premises considered! in the highest interest of Bustice! herein complainant-appellant most respectfully pray of this "onorable Commission! that#
(. )he Petition should aforementioned
be
%ENIE%
for
reasons
. )he 2rit of Eecution should STAN%. RESPON%ENT, further prays for such other reliefs Bust and e4uitable under the premises.
Pasig City for Dipolog City! Philippines! 34 Mar5- 034. Hy#
________________________ ______________________ Copy >urnished# 5)hrough LHC6 E!EC"TI#E LABOR ARBITER RETT $"LI"S $. PLAGATA (
'n 'ct Declaring the )enth day of 7hul "iBBa! the )%elfth &onth of the $slamic calendar! a 0ational "oliday for the Observance of Eiduladha! further amending for the purpose ,ection :! Chapter G! Hoo@ $ of Eecutive Order 0o. =! other%ise @no%n as the 'dministrative Code of (=
0LRC! Dipolog City
E!PLANATION O& MO%E O& SER#ICE
)he foregoing &emorandum of 'ppeal has been made through LHC due to lac@ of office messengers.
_____________________________
REP"BLIC O& TE PILIPPINES) City o; Pasi< . . . . . . . . ) S.S. #ERI&ICATION
$! ___________________ ! of legal age! >ilipino! married! and a resident of Puro@ Hayanihan! $got! Esta@a! Dipolog City! Philippines! after having been s%orn to in accordance %ith la%! do hereby depose and state! that# )hat $ am the respondent in the case entitled 3. ___________________. %ith 0LRC Case 0o. _____________ that is no% pending before the "onorable 0LRC 0. )hat $ have caused the prep________ion of the foregoing 'ns%er to the Petition . )hat $ have read the contents thereof and that the allegations therein are true and correct based on authentic records and to the best of my personal @no%ledge
)hat $ have not commenced any action or proceeding 1. involving the same issues raised herein before the ,upreme Court! Court of 'ppels! or any other tribunal or agency Page ( of (*
8. 0o such action or proceeding is pending before the ,upreme Court! Court of 'ppeals! or any tribunal or agency and
,hould $ learn that similar action or proceeding has been D. filed or is pending before the ,upreme Court! Court of 'ppeals! or any other tribunal or agency! %e underta@e to report said fact to this "onorable Court %ithin five 596 days from the date %e learn thereof )hat $ am eecuting this Aerification to attest to the truth 4. of the foregoing and for %hatever legal purpose it may serve. Dipolog City! Philippines (G &arch /(G >?R)"ER '>>$'0) ,'FE)" 0'?;")
________________________ '>>$'0) ,?H,CR$HED '0D ,2OR0 to before me on the date and place first above %ritten and $ hereby CER)$>F that $ have personally eamined the 'ffiant and $ am fully satisfied that he has read and understood his 'ffidavitComplaint. Doc. 0o. ____ Page 0o. ____ Hoo@ 0o. ____ ,eries of /(9.
Page (* of (*
