PLAI

Decision

Abad v. Cinema

G.R. No. 141371 · 2006-03-24 · LawPhil

EDNA ABAD, JOSEPH MARTINEZ and ELISEO ESCANILLAS, JR., Petitioners, vs. ROSELLE CINEMA, SILVER SCREEN CORPORATION and VERMY TRINIDAD, Respondents.

AUSTRIA-MARTINEZ, J.:

Edna Abad, Joseph Martinez and Eliseo Escanillas, Jr. (petitioners) filed the present petition for review assailing the Decision1 dated September 30, 1999 and Resolution dated December 10, 1999, issued by the Court of Appeals (CA) in CA-G.R. SP No. 53246. This case originated from individual complaints filed by petitioners against Roselle Cinema, Silver Screen Corporation and Vermy Trinidad (respondents) for illegal dismissal, underpayment, non-payment of overtime pay, premium for holiday, premium pay for rest day, holiday pay, service incentive leave, night shift differentials, separation pay, damages, and attorney's fees. These complaints were later consolidated.

In a Decision dated April 17, 1998, the Labor Arbiter (LA) of the National Labor Relations Commission (NLRC) in Iloilo City ruled that petitioners were not illegally dismissed. The LA dismissed petitioners' complaints primarily on the ground that petitioners failed to substantiate their claims, as they have only their bare allegations to support it and no corroborative evidence to refute respondents' substantial evidence showing that they voluntarily terminated their relationship with respondents. The LA also denied their money claims because their allegations were belied by documentary evidence showing that these claims have been properly paid to petitioners.2 On appeal, the NLRC reversed the LA in its Decision dated December 24, 1998, declaring that petitioners were illegally dismissed and ordering respondents to pay the moneys claimed by petitioners.

The dispositive portion of the NLRC Decision reads:

WHEREFORE, premises considered, the decision appealed from rendered on April 17, 1998, is hereby REVERSED AND SET ASIDE and a new one entered ordering respondents, Roselle Cinema and/or Silver Screen Corporation, to pay complainants the following: a) Edna Abad, the amount of ~~P~~ 107,318.00 b) Joseph Martinez, the amount of ~~P~~ 97,586.38 c) Eliseo Escanillas, Jr. the amount of ~~P~~ 102,074.60