Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1998 > April 1998 Decisions > G.R. No. 125602 April 29, 1998 - ASSOCIATED ANGLO-AMERICAN TOBACCO CORP. v. NLRC, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 125602. April 29, 1999.]

ASSOCIATED ANGLO-AMERICAN TOBACCO CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, THIRD DIVISION, LABOR ARBITER RICARDO N. OLAIREZ, RUBEN DE LA CRUZ ROMANO and LUCIO L. MAGGAY, Respondents.


D E C I S I O N


BELLOSILLO, J.:


The crux of the present controversy is whether the appeal from the decision of the Labor Arbiter to the National Labor Relations Commission was perfected within the reglementary period.

On 6 October 1995 private respondent Ruben de la Cruz Romano filed before the Regional Arbitration Branch No. II of Tuguegarao, Cagayan, a complaint against petitioner Associated Anglo-American Tobacco Corporation, a corporation duly organized under the laws of the Philippines manufacturing and selling cigarette products, claiming that he was employed as truck driver by petitioner from 1 October 1973 to 14 December 1994; after twenty-one (21) years of employment he retired due to failing eyesight; in those twenty-one (21) years, he was underpaid and deprived of his 13th month pay, service incentive leave pay and overtime pay. Upon his retirement, he requested financial assistance from petitioner but was denied.chanroblesvirtuallawlibrary:red

On 6 November 1995 another complaint was filed against petitioner this time by private respondent Lucio L. Maggay before the same Regional Arbitration Branch No. II claiming that he was also hired in April 1972 as delivery truck helper and since then was underpaid and deprived of his 13th month pay and service incentive leave pay.

Summons was served on Elpidio Ching, named in the complaint of private respondent Romano as petitioner’s owner/Manager/President. On 19 October 1995 Atty. Jesus John B. Garma appeared for Ching and manifested that his client was a mere salesman, not an owner nor President of petitioner corporation, and asked that Ching be dropped as party Respondent. Before acting on the request, the Labor Arbiter ordered another summons to be served on petitioner. 1

On 23 November 1995 Atty. Garma filed a motion reiterating his prayer for Ching to be dropped from the complaint. It was granted. 2

For the three (3) scheduled mandatory conferences petitioner failed to appear. No reason was given thus leaving the Labor Arbiter with no other option but to consider petitioner to have waived its right to be heard and to present evidence.

On 21 February 1996 the Labor Arbiter granted the money claims of private respondents, except those covered by the period before September 1992 in the case of Romano, and before November 1992 in the case of Maggay, on account of prescription. In addition, the Labor Arbiter granted attorney’s fees of ten per cent (10%) of the total monetary awards plus interest of one per cent (1%) per month until full payment. 3

Petitioner appealed on the grounds inter alia that it did not receive a copy of the complaint nor of the notice of hearing and that Ching was its exclusive distributor/dealer of cigarette products in Cagayan Valley and who directly hired both private respondents. However, on 27 May 1996 public respondent National Labor Relations Commission dismissed the appeal for having been filed beyond the 10-day prescriptive period from receipt of the questioned decision. 4 According to the NLRC, inasmuch as the decision was received by petitioner on 23 February 1996, it had up to 4 March 1996 5 to file its appeal, but did so only on 14 March 1996. 6

Petitioner sought reconsideration alleging that the letter of transmittal of the records by Labor Arbitration Associate Ofelia Q. Urangan addressed to the Executive Clerk of Court of the NLRC bowed that it received the Labor Arbiter’s decision on 28 February 1996. 7 On 25 June 1996 the NLRC denied consideration 8 holding that on the basis of the Bailiff’s Return which is the best proof of service — the Labor Arbiter’s decision was duly served on petitioner on 23 February 1996 through one Ernesto Garma of the law office of Atty. Jesus John B. Garma. 9

Petitioner insists on the timeliness of its appeal since the letter of transmittal of the records and the registry return receipt disclose that it received the decision of the Labor Arbiter on 28 February 1996 so the last day to file its appeal fell on 9 March 1996; on the other hand, the date it sent through registered mail its notice of appeal with memorandum together with the requisite bond is indicated on the mailing envelope as 8 March 1996. Petitioner disputes the authority of Ernesto Garma or Atty. Jesus John B. Garma to receive the Labor Arbiter’s decision on its behalf since Atty. Garma is the lawyer for Elpidio Ching who was responsible for the latter’s exclusion as respondent before the Labor Arbiter.

The Solicitor General supports the stand of petitioner, for which reason, the NLRC filed its own comment stating that Ching was an agent/representative of petitioner whose lawyer was Atty. Garma based on petitioner’s admission in the present petition that it "learned about the instant case through Ching, who assured (it) of taking whatever actions necessary to protect the interest of the company." 10 The NLRC thus maintains that the notice of the decision of the Labor Arbiter to Atty. Garma received through Ernesto Garma is notice to petitioner through Ching represented by Atty. Garma.

No abuse of discretion was committed by the NLRC. Section 4, Rule III, of its New Rules of Procedure states —

SECTION 4. Service of Notices and Resolutions. — (a) Notices or summons and copies of orders, resolutions or decisions shall be served on the parties to the case personally by the bailiff or duly authorized public officer within three (3) days from receipt thereof by registered mail; Provided that where a party is represented by counsel or authorized representative, service shall be made on such counsel or authorized representative . . . .

We agree with the comment of respondent NLRC that petitioner’s allegation in the present petition that it "learned about the instant case through Ching who assured (it) of taking whatever actions necessary to protect the interest of the company" is a virtual admission that Elpidio Ching was its authorized representative in the proceedings before the Labor Arbiter. Precisely, that assurance by Ching coupled with the apparent acceptance thereof by petitioner was enough consideration to clothe him with authority to act as such. Petitioner even reiterated this allegation in its memorandum herein 11 and did not bother to refute the deduction therefrom by respondent NLRC. Rather, what petitioner impugns is the authority of Ernesto Garma or of Atty. Jesus John B. Garma to receive the Labor Arbiter’s decision on its behalf since Atty. Garma is the lawyer for Ching who was responsible for the latter’s exclusion as respondent before the Labor Arbiter. But petitioner sorely misses the point. It authorized Ching to act as its representative in the proceedings before the Labor Arbiter. This circumstance is settled on account of petitioner’s admission in its petition as well as its memorandum before us. We consider the appearance of Atty. Garma for Ching, as an authorized representative of petitioner, to be an appearance also on petitioner’s behalf. Moreover, petitioner failed to show that Ching availed of the services of Atty. Garma Solely for his personal benefit. We gather from the records instead that Atty. Garma was hired by Ching pursuant to his role as authorized representative of petitioner. The rejection by petitioner in the instant petition of Atty. Garma’s authority to act on its behalf, including that of Ernesto Garma, appears to be an expedient scheme and a mere subterfuge in order to pave the way for its appeal before respondent NLRC to be given due course, with the ultimate objective of avoiding payment of its financial liabilities to respondents. This Court simply will not allow itself to be an instrument in what is perceived to be a vain effort to deprive workingmen of the benefits of labor legislations.chanrobles lawlibrary : red

The preceding discussion leads to the conclusion that service of the Labor Arbiter’s decision on 23 February 1996 on Ernesto Garma of the law office of Atty. Garma effectively bound petitioner. Counting ten (10) days from 23 February 1996, petitioner’s appeal should have been filed not later than 4 March 1996. Considering however that its Notice with Memorandum on Appeal was sent by registered mail only on 8 March 1996, the reglementary period within which to appeal had clearly lapsed.

Incidentally, the finding of the NLRC that petitioner’s appeal was filed only on 14 March 1996 appears erroneous; it is not supported by the evidence. Rule VI of the New Rules of Procedure of the NLRC sets forth the rules concerning appeals from the decisions, awards or orders of the Labor Arbiter, POEA Administrator and Regional Director. Section 4 thereof says —

SECTION 4. Where Filed. — The appeal . . . shall be filed with the respective Regional Arbitration Branch . . . where the case was heard and decided.

However, the Sec. 4 fails to define the term "filing." In this regard, Sec. 3, Rule I, of the Rules provides —

SECTION 3. Suppletory application of Rules of Court and jurisprudence. — In the absence of any applicable provision in these Rules, and in order to effectuate the objectives of the Labor Code, the pertinent provisions of the Revised Rules of Court of the Philippines and prevailing jurisprudence may in the interest of expeditious labor justice and whenever practicable and convenient, be applied by analogy or in a suppletory character and effect.

The pertinent provision of the Rules of Court is Sec. 1, Rule 13, which reads —

SECTION 1. Filing with the court defined. — The filing of pleadings, appearances, motions, notices, orders and other papers with the court as required by these rules shall be made by filing them personally with the clerk of the court or by sending them by registered mail . . . . In the second case, the date of mailing of motions, pleadings, or any other papers or payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of the filing, payments or deposit in court. The envelope shall be attached to the record of the case (Emphasis supplied).

Petitioner’s Notice with Memorandum on Appeal was sent by registered mail to the Regional Arbitration Branch No. II on 8 March 1996. The front and back portions of the enveloped 12 thereof and the corresponding registry receipt 13 show the post office stamp that it was mailed on said date. The Regional Arbitration Branch No. II received it on 14 March 1996. It was the latter date which the NLRC seemed to have regarded as the date of filing. This is error. Under Sec. 1, Rule 13 of the Rules of Court, the date of mailing, as shown by the post office stamp on the envelope or the registry receipt, is considered the date of filing in court, which in the present case was 8 March 1996.

WHEREFORE, the petition is DISMISSED. The resolution of public respondent National Labor Relations Commission of 27 May 1996 dismissing the appeal of petitioner Associated Anglo-American Tobacco Corporation for having been filed beyond the prescriptive period, as well as its resolution of 25 June 1995 denying reconsideration, is AFFIRMED.chanroblesvirtual|awlibrary

SO ORDERED.

Puno, Mendoza, Quisumbing and Buena, JJ., concur.

Endnotes:



1. NLRC Records, Vol. I. p. 12.

2. Id., p. 53.

3. Decision penned by Labor Arbiter Ricardo N. Olairez; Rollo, pp. 27-28.

4. Art. 223 of the Labor Code.

5. 1996 was a leap year.

6. Resolution penned by Presiding Commissioner Lourdes C. Javier with the concurrence of Commissioners Ireneo B. Bernardo and Joaquin A. Tanodra; Rollo, pp. 20-21.

7. NLRC Records. Vol. I. p. 200

8. Rollo, p. 23.

9. NLRC Records, Vol. I, back portion of p. 70-A.

10. Rollo, p. 7.

11. Rollo, p. 224

12. NLRC Records, Vol. I. p. 176

13. Id., p. 95.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






April-1998 Jurisprudence                 

  • G.R. No. 123910 April 5, 1998 - GODOFREDO UNILONGO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 96202 April 13, 1998 - ROSELLA D. CANQUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 117221 April 13, 1998 - IBM PHIL. INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 125318 April 13, 1998 - PEOPLE OF THE PHIL. v. HILARIO REBAMONTAN

  • G.R. No. 97761 April 14, 1998 - AGUEDA DE VERA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116566 & 120149 April 14, 1998 - DOMINGO DICO, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123479 April 14, 1998 - SOLANDA ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. No. 123727 April 14, 1998 - PEOPLE OF THE PHIL. v. ANTONIO GASTADOR

  • G.R. No. 126303 April 14, 1998 - PEOPLE OF THE PHIL. v. ALBERTO NULLAN, ET AL.

  • G.R. No. 126712 April 14, 1998 - LEONIDA C. QUINTO v. PEOPLE OF THE PHIL.

  • G.R. No. 126773 April 14, 1998 - RUBBERWORLD (PHILS.) v. NLRC, ET AL.

  • G.R. No. 126888 April 14, 1998 - J.V. ANGELES CONST. CORP. v. NLRC, ET AL.

  • G.R. No. 127755 April 14, 1998 - PEOPLE OF THE PHIL. v. JOSELITO DEL ROSARIO

  • G.R. No. 128192 April 14, 1998 - ALU and PEA ALU v. LEONARDO A. QUISUMBING, ET AL.

  • G.R. No. 128869 April 14, 1998 - PEOPLE OF THE PHIL. v. MARK PERUCHO

  • G.R. No. 129298 April 14, 1998 - PEOPLE OF THE PHIL. v. ROLANDO CANTOS

  • G.R. No. 131803 April 14, 1998 - SOTERA PAULINO MARCELO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131858-59 April 14, 1998 - PEOPLE OF THE PHIL. v. ALFREDO ALBA

  • G.R. No. 133676 April 14, 1998 - TUPAY T. LOONG v. COMELEC, ET AL.

  • G.R. No. 135244 April 15, 1998 - YALE LAND DEV’T. CORP. v. PEDRO CARAGAO, ET AL.

  • G.R. No. 123148 April 20, 1998 - PEOPLE OF THE PHIL. v. MARCELINO NAVA, ET AL.

  • G.R. No. 128288 April 20, 1998 - PEOPLE OF THE PHIL. v. WILFREDO ONABIA

  • G.R. No. 128524 April 20, 1998 - GSIS v. COURT OF APPEALS, ET AL.

  • A.M. No. 98-10-138-MTCC April 21, 1998 - RE: CASES LEFT UNDECIDED BY JUDGE NARCISO M. BUMANGLAG, JR.

  • A.M. No. MTJ 98-1168 April 21, 1998 - LUALHATI M. LIWANAG v. PATERNO H. LUSTRE

  • G.R. No. 94902-06 April 21, 1998 - BENJAMIN V. KHO, ET AL. v. ROBERTO L. MAKALINTAL, ET AL.

  • G.R. No. 99331 April 21, 1998 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112985 April 21, 1998 - PEOPLE OF THE PHIL. v. MARTIN L. ROMERO, ET AL

  • G.R. No. 120027 April 21, 1998 - EDNA A. RAYNERA, ET AL. v. FREDDIE HICETA, ET AL.

  • G.R. No. 120141 April 21, 1998 - PEOPLE OF THE PHIL. v. LORNA B. GUEVARRA, ET AL.

  • G.R. No. 120324 April 21, 1998 - PHILEX MINING CORP. v. CIR, ET AL.

  • G.R. No. 120420 April 21, 1998 - PEOPLE OF THE PHIL. v. RUFINO MIRANDILLA BERMAS

  • G.R. No. 122078 April 21, 1998 - PHIL. RABBIT BUS LINES v. NLRC, ET AL.

  • G.R. No. 125310 April 21, 1998 - PEOPLE OF THE PHIL. v. EDGAR LAGMAY

  • G.R. No. 125932 April 21, 1998 - REPUBLIC OF THE PHIL. v. CLAUDE A. MILLER, ET AL.

  • G.R. No. 126531 April 21, 1998 - PEOPLE OF THE PHIL. v. GILBERT ELIJORDE, ET AL.

  • G.R. No. 126545 April 21, 1998 - PEOPLE OF THE PHIL. v. LORENZO ANDAYA

  • G.R. No. 127246 April 21, 1998 - MANUELITA C. ERMITAÑO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130599-600 April 21, 1998 - PEOPLE OF THE PHIL. v. JUAN MANGGASIN

  • G.R. Nos. 130665 and 137996-97 April 21, 1998 - PEOPLE OF THE PHIL. v. PEDRO BALIAO EMPANTE

  • G.R. No. 130940 April 21, 1998 - PEOPLE OF THE PHIL. v. RHODELINE CASTILLON

  • G.R. No. 131012 April 21, 1998 - RICARDO T. GLORIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 131113 April 21, 1998 - DIONISIA ARTAJOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 131467 April 21, 1998 - BENEDICTO CAÑETE, ET AL. v. NLRC, ET AL.

  • G.R. No. 131570 April 21, 1998 - STO. NIÑO DEV’T. CORP. v. BRICCIO SANTOS

  • AM No. RTJ-99-1434 April 29, 1998 - ARNULFO B. TAURO v. ANGEL V. COLET

  • G.R. No. 117518 April 29, 1998 - RICARDO B. LAPID in behalf of ARIEL LAPID v. NLRC, ET AL.

  • G.R. No. 119218 April 29, 1998 - PEOPLE OF THE PHIL. v. MANUEL CRISTOBAL, ET AL.

  • G.R. No. 121899 April 29, 1998 - PEOPLE OF THE PHIL. v. SIXTO LIMON, ET AL.

  • G.R. No. 125602 April 29, 1998 - ASSOCIATED ANGLO-AMERICAN TOBACCO CORP. v. NLRC, ET AL.

  • G.R. No. 126777 April 29, 1998 - DOMINGO LAO, ET AL. v. ESTRELLA VILLONES-LAO, ET AL.

  • G.R. No. 127811 April 29, 1998 - PEOPLE OF THE PHIL. v. ISIDRO COMESARIO

  • G.R. No. 128579 April 29, 1998 - CITY OF CEBU v. HEIRS OF CANDIDO RUBI

  • G.R. No. 135805 April 29, 1998 - CIVIL SERVICE COMMISSION v. PEDRO O. DACOYCOY

  • Adm. Case. No. 4500 April 30, 1998 - BAN HUA U. FLORES v. ENRIQUE S. CHUA

  • Adm. Case No. 4758 April 30, 1998 - VICTOR NUNGA v. VENANCIO VIRAY

  • Adm. Case No. 4826 April 30, 1998 - ROSALIA VILLARUEL, ET AL. v. JOSE A. GRAPILON, ET AL.

  • G.R. No. 121962 April 30, 1998 - ESPERANZA C. ESCORPIZO, ET AL. v. UNIVERSITY OF BAGUIO, ET AL.

  • G.R. No. 122101 April 30, 1998 - PEOPLE OF THE PHIL. v. GODOFREDO MARFIL

  • G.R. No. 122860 April 30, 1998 - ASTA MOSKOWSKY v. COURT OF APPEALS, ET AL.

  • G.R. No. 122895 April 30, 1998 - PEOPLE OF THE PHIL. v. VICTOR BACOR

  • G.R. Nos. 124559-66 April 30, 1998 - PEOPLE OF THE PHIL. v. ERIBERTO MAGLENTE

  • G.R. No. 129533 April 30, 1998 - PEOPLE OF THE PHIL. v. ANTONIO PEDRES

  • G.R. No. 131529 April 30, 1998 - IRINEO V. INTIA, ET AL. v. COA, ET AL.