December 1982 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
Philippine Supreme Court Jurisprudence > Year 1982 > December 1982 Decisions >
G.R. No. L-61478 December 15, 1982 - LUNINGNING B. ALVAREZ v. BLAS OPLE, ET AL.
204 Phil. 704:
204 Phil. 704:
SECOND DIVISION
[G.R. No. L-61478. December 15, 1982.]
LUNINGNING B. ALVAREZ, Petitioner, v. MINISTER BLAS OPLE, Ministry of Labor and Employment, Second Division, NATIONAL LABOR RELATIONS COMMISSION, MANUEL V. LORENZO, Labor Arbiter, NLRC, JUANITO ATIENZA, Sheriff, MOLE NLRC, and RICARDO MANALANG, Respondents.
Jose C. Castro for Petitioner.
Honesto N. Salcedo for Private Respondent.
SYLLABUS
REMEDIAL LAW; CIVIL PROCEDURE; JUDGMENT; CANNOT BE EXECUTED AGAINST A PARTY NOT IMPLEADED IN THE ACTION; CASE AT BAR. — Where petitioner in the case at bar is undisputedly not a party-respondent in Case No. RV IV 19054-77-T entitled "Ricardo Manalang v. Salambao Fishing Corporation" and consequently she was never notified of nor heard in the said case, the decision of the labor arbiter dated July 28, 1978, the order of the respondent National Labor Relations Commission dated October 8, 1980 and the writ of execution dated August 17, 1982 should be set aside and the case remanded to the respondent Commission directing it to: (a) require the private respondent to amend his complaint in the aforesaid case by impleading as party-respondent therein, the petitioner herein; (b) afford petitioner a full and fair hearing including her filing of the appropriate pleading and/or position paper; and (c) thereafter decide the case accordingly.
R E S O L U T I O N
MAKASIAR, J.:
Acting on the petition and the comments thereon filed by the respondents, and considering that it is undisputed that petitioner is not a party-respondent in Case No. RV IV 1905477-T entitled "Ricardo Manalang v. Salambao Fishing Corporation" and that consequently, petitioner was never notified of nor heard in the said case, the Court RESOLVED to remand this case to the respondent National Labor Relations Commission, which is hereby directed to (a) require herein private respondent to amend his complaint in the aforesaid case by impleading as party-respondent therein, petitioner herein, (b) afford petitioner a full and fair hearing, including her filing of the appropriate pleading and/or position paper, and (c) thereafter decide the case accordingly.
The decision of the labor arbiter dated July 28, 1978, the order of respondent National Labor Relations Commission dated October 8, 1980 and the writ of execution dated August 17, 1982, are hereby set aside.
No costs.
SO ORDERED.
Aquino, Guerrero, Abad Santos, De Castro and Escolin, JJ., concur.
Concepcion Jr., J., on official leave.
The decision of the labor arbiter dated July 28, 1978, the order of respondent National Labor Relations Commission dated October 8, 1980 and the writ of execution dated August 17, 1982, are hereby set aside.
No costs.
SO ORDERED.
Aquino, Guerrero, Abad Santos, De Castro and Escolin, JJ., concur.
Concepcion Jr., J., on official leave.
