Rosewood Processing v. National Labor Relations Commission

PANGANIBAN, J.:

Under the Labor Code, an employer is solidarily liable for legal ages due security guards for the period of time they were assigned to it by its contracted security agency. However, in the absence of proof that the employer itself committed the acts constitutive of illegal dismissal or conspired with the security agency in the performance of such acts, the employer shall not be liable for back wages and/or separation pay arising as a consequence of such unlawful termination. The Case These are the legal principles on which this Court bases its resolution of this special civil action for certiorari, seeking the nullification of the April 28, 1994 Resolution and the July 12, 1994 Order of the National Labor Relations Commission, which dismissed petitioner's appeal from the labor arbiter's Decision and denied its Motion for Reconsideration, respectively, in NLRC NCR Case Nos. 00-05-02834-91, 00-08-04630-91, 00-07-03966-91, 00-09-05617-91, 00-07-03967-91, 00-07-04455-91, 00-08-05030-91, 00-11-06389-91, and 00-03-01642-92.

On May 13, 1991, a complaint for illegal dismissal; underpayment of wages; and for nonpayment of overtime pay, legal holiday pay, premium pay for holiday and rest day, thirteenth month pay, cash bond deposit, unpaid wages and damages was filed against Veterans Philippine Scout Security Agency and/or Sergio Jamila IV (collectively referred to as the "security agency," for brevity). Thereafter, petitioner was impleaded as a third-party respondent by the security agency.ℒαwρhi৷ In due course, Labor Arbiter Ricardo C. Nora rendered a consolidated Decision dated March 26, 1993, which disposed as follows:1 IN VIEW OF ALL THE FOREGOING, respondents Veterans Philippine Scout Security Agency, Sergio Jamila IV, and third-party respondent Rosewood Processing, Inc. are hereby ordered to pay jointly and severally complainants the following amounts, to wit: 1.

Napoleon Mamon P126,411.10 2. Arsenio Gazzingan 128,639.71 3. Rodolfo Velasco 147,114.43 4.

Armando Ballon 116,894.70 5. Jose L. Cabrera 133,047.81 6. Victor Aldeza 137,046.64 TOTAL