Cirineo Bowling Plaza v. Sensing

AUSTRIA-MARTINEZ, J.:

Before us is a special civil action for certiorari filed by petitioner assailing the Resolution1 dated August 31, 2000 of the Court of Appeals (CA) which dismissed petitioner's petition for certiorari ; and the Resolution2 dated November 10, 2000 which denied petitioner's motion for reconsideration. The antecedent facts are as follows: On November 27, 1995, Eligio Paolo, Jr., an employee of petitioner, filed a letter complaint with the Department of Labor and Employment (DOLE for short), Dagupan District Office, Dagupan City, requesting for the inspection/investigation of petitioner for various labor law violations like underpayment of wages, 13th month pay, non-payment of rest day pay, overtime pay, holiday pay and service incentive leave pay.3 Pursuant to the visitorial and enforcement powers of the Secretary of Labor and Employment, his duly authorized representative under Article 128 of the Labor Code, as amended, conducted inspections on petitioner's establishment the following day.

In his inspection report,4 Labor and Employment Officer III, Crisanto Rey Dingle, found that petitioner has thirteen5 employees and had committed the following violations: underpayment of minimum wage, 13th month pay, holiday premiums, overtime premiums, and non-payment of rest day. The findings in the inspection report were explained to petitioner's officer-in-charge, Ma. Fe Boquiren, who signed the same.

The first hearing of the case was scheduled on December 27, 1995, but petitioner failed to appear, thus, the hearing was reset to January 10, 1996. On the date set, Boquiren, as petitioner's representative, appeared with the information that petitioner's President/General Manager Luisito Cirineo was sick and confined in a hospital. On the January 19, 1996 hearing, Cirineo appeared and asked for more time to settle with his employees.

The case was again set on January 26, 1996 but Cirineo failed to appear. On April 22, 1996, an Order6 was issued by the DOLE Regional Office, the dispositive portion of which reads:

WHEREFORE, premises considered and considering further that the amount computed constitutes part of the lawful remunerations of thirteen affected employees, respondent is hereby ordered to pay them the total amount of THREE HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED PESOS AND 58/100. (₱377,500.58), representing their unpaid/underpaid wages, 13th month pay, holiday premiums, rest day pay and overtime premiums distributed as follows: NAME AMOUNT 1. Gerry Sensing ₱ 9,505.68 2. Belen Fernandez 14,258.52 3. Mirasol Diaz 12,458.52 4. Margarita Abril 31,557.12 5. Lamberto Solano 53,151.12 6. Dario Benitez 53,151.12 7. Manuel Benitez 53,151.12 8. Ronillo Tandoc 36,951.12 9. Edgar Dizon 14,637.78 10. Jovelyn Quinto 22,769.88 11. Karen Remoran 21,387.78 12. Jennifer Ringor 37,304.82 13. Eligio Paolo, Jr. 12,810.00 TOTAL