Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2010 > January 2010 Resolutions > [G.R. No. 186153 : January 13, 2010] PREMIER CREATIVE PACKING, INC. AND ESTHER DE LEON, PETITIONERS, VS. PHILIPPINE LABOR ALLIANCE COUNCIL, LOCAL 438 PREMIER CREATIVE CHAPTER, REPRESENTED BY VIRGILIO TOMAS, IN HIS CAPACITY AS UNION PRESIDENT, RESPONDENT :




SECOND DIVISION

[G.R. No. 186153 : January 13, 2010]

PREMIER CREATIVE PACKING, INC. AND ESTHER DE LEON, PETITIONERS, VS. PHILIPPINE LABOR ALLIANCE COUNCIL, LOCAL 438 PREMIER CREATIVE CHAPTER, REPRESENTED BY VIRGILIO TOMAS, IN HIS CAPACITY AS UNION PRESIDENT, RESPONDENT

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated 13 January 2010:

G.R. No. 186153 - PREMIER CREATIVE PACKING, INC. and ESTHER DE LEON, petitioners, -versus- PHILIPPINE LABOR ALLIANCE COUNCIL, LOCAL 438 PREMIER CREATIVE CHAPTER, represented by VIRGILIO TOMAS, in his capacity as Union President, respondent,

Before the Court is the present petition for review on certiorari[1] filed by Premier Creative Packing, Inc. (Premier), and Esther De Leon (De Leon) seeking to set aside the decision[2] and resolution[3] of the Court of Appeals (CA) promulgated on August 29, 2008 and January 19, 2009, respectively, in CA-G.R. SP No. 74101, entitled "Premier Creative Paclting, Inc., and Esther De Leon v. Philippine Labor Alliance Council, Local 438 Premier Creative Chapter."

The assailed CA rulings affirmed the award of Voluntary Arbitrator Ernesto M. Buenaseda dated August 29, 20024 ordering the across-the-board payment of emergency cost-of-living- allowance (ECOLA) under Wage Order No. NCR-09 to all its employees covered by the collective bargaining agreement (CBA) in the company. The CA and the voluntary arbitrator found that the across-the-board implementation of government mandated wage increases had ripened into a company practice. To quote the assailed CA ruling: " A perusal of the records reveals that for over a period of seven (7) years from the time the petitioner company started its operations in 1993 until 2000, it implemented previous wage orders on an across-the-board basis in consideration of the minimal wage increase contained in the CBAs."

In a Resolution dated April 20, 2009, the Court resolved to require the Philippine Labor Alliance Council Local 438 Premier Creative Chapter (the Union) to file a comment, not a motion to dismiss, within ten (10) days from notice. On October 26, 2009, the Union submitted its comment on the petition.

Considering the allegations, issues and arguments adduced in the petition for review on certiorari, as well as the comment of the Union, the Court resolves to DENY the petition for failure to sufficiently show any reversible error in the conclusions of the challenged decision.

SO ORDERED.

WITNESS the Honorable Antonio T. Carpio, Chairperson, Honorable Arturo D. Brion, Mariano C. Del Castillo, Roberto A. Abad and Jose P. Perez, Members, Second Division, this 13th day of January, 2010.

Very truly yours.

(Sgd.) MA. LUISA L. LAUREA
Clerk of Court

Endnotes:


[1] Filed under Rule 45 of the Rules of Court.

[2] Penned by Associate Justice Monina Arevalo-Zenarosa and concurred in by Associate Justice Regalado E. Maambong (ret.) and Associate Justice Myrna Maranan-Vidal; rollo, pp. 49-61.

[3] Rollo, pp. 64-65.

[4] Id. at 66-72; Petition, Annex "C."



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