Eparwa Security And Janitorial Services v. Liceo De Cagayan University

CARPIO, J.:

The Case This is a petition for certiorari1 of the Decision2 dated 20 April 2001 and the Resolution dated 21 September 2001 of the Court of Appeals ("appellate court") in CA-G.R. SP No. 59120, Liceo de Cagayan University v. The Hon. National Labor Relations Commission, Fifth Division, Eparwa Security and Janitorial Services, Inc., et al. The appellate court reinstated the 18 August 1999 decision3 of the Labor Arbiter and remanded the case to the Regional Arbitration Board, Branch No. 10 of Cagayan de Oro City to compute what is due to Liceo de Cagayan University (LDCU) from Eparwa Security and Janitorial Services, Inc. ("Eparwa"). The Facts On 1 December 1997, Eparwa and LDCU, through their representatives, entered into a Contract for Security Services. The pertinent portion of the contract provides that: 5.

For and in consideration of this security, protective and safety services, [LDCU] agrees to pay [Eparwa] FIVE THOUSAND PESOS ONLY (₱5,000.00), Philippine Currency per guard a month payable within fifteen (15) days after [Eparwa] presents its service invoice. [Eparwa] shall furnish [LDCU] a monthly copy of SSS contribution of guards and monthly payroll of each guard assigned at [LDCU's] premises on a monthly basis[.]4 Eparwa allocated the contracted amount of ₱5,000 per security guard per month in the following manner: Basic Pay (₱104.50 x 391.5/12) ₱3,409.31 Night Diff. Pay 113.64 13th mo.

Pay 284.10 5 day incentive leave 43.54 Uniform allowance 50.00 Employer's SSS, Medicare, ECC contribution 224.80 Agency share 420.53 VAT 454.59 CONTRACT RATE