Lambo v. National Labor Relations Commission

MENDOZA, J.:

This is a petition for certiorari to set aside the decision1 of the National Labor Relations Commission (NLRC) which reversed the awards made by the Labor Arbiter in favor of petitioners, except one for P4,992.00 to each, representing 13th month pay. The facts are as follows. Petitioners Avelino Lambo and Vicente Belocura were employed as tailors by private respondents J.C. Tailor Shop and/or Johnny Co on September 10, 1985 and March 3, 1985, respectively.

They worked from 8:00 a.m. to 7:00 p.m. daily, including Sundays and holidays.

As in the case of the other 100 employees of private respondents, petitioners were paid on a piece-work basis, according to the style of suits they made. Regardless of the number of pieces they finished in a day, they were each given a daily pay of at least P64.00. On January 17, 1989, petitioners filed a complaint against private respondents for illegal dismissal and sought recovery of overtime pay, holiday pay, premium pay on holiday and rest day, service incentive leave pay, separation pay, 13th month pay, and attorney's fees.1âwphi1.nêt After hearing, Labor Arbiter Jose G. Gutierrez found private respondents guilty of illegal dismissal and accordingly ordered them to pay petitioners' claims.

The dispositive portion of the Labor Arbiter's decision reads:

WHEREFORE, in the light of the foregoing, judgment is hereby rendered declaring the complainants to have been illegally dismissed and ordering the respondents to pay the complainants the following monetary awards: AVELINO LAMBO VICENTE BELOCURA I. BACKWAGES P64,896.00 P64,896.00 II. OVERTIME PAY 13,447.90 13,447.90 III. HOLIDAY PAY 1,399.30 1,399.30 IV. 13TH MONTH PAY 4,992.00 4,992.00 V. SEPARATION PAY 9,984.00