Symex Security Services v. Rivera

CAGUIOA, J.:

Assailed in this petition for review on certiorari1 are the Decision2 dated January 12, 2012 and the Resolution3 dated June 27, 2012 of the Court of Appeals (CA) in CA-G.R. SP No. 119039, which affirmed the Decision4 dated December 9, 2010 and Resolution5 dated February 7, 2011 of the National Labor Relations Commission (NLRC) in NLRC LAC No. 042778- 05 (RA-06-10) that, in turn, reversed the Decision6 dated April 30, 2010 of the Labor Arbiter (LA) in NCR-02-02569-03 which dismissed the complaint for illegal dismissal filed by respondents Magdalino O. Rivera, Jr. and Roberto B. Yago (respondents) against petitioners Symex Security Services, Inc. (petitioner Symex) and Rafael Y. Arcega (petitioner Arcega), and ordered petitioners to pay respondents in the amount of ₱l,543.75 each or a total of ₱3,087.50. Facts The instant case stemmed from a complaint7 for underpayment/nonpayment of wages, overtime pay, holiday pay, premium for rest day, service incentive leave pay, clothing allowance and 13th month pay as well as illegal deduction of cash bond and firearm bond and repair filed by respondents before the LA.

Respondents alleged that they had been employed as security guards by petitioner Symex sometime in May 1999. Petitioner Symex is engaged in the business of investigation and security services. Its President and Chairman of the Board is petitioner Arcega.8 Respondents were both assigned at the offices and premises of Guevent Industrial Development Corporation (Guevent), a client of petitioner Symex.

As security guards, they were tasked to guard the entrance and the exit of the building, and check the ingress and egress of the visitors' vehicles going through the building. Their tour of duty was from Monday to Saturday, from 6:00 AM to 6:00 PM, a twelve-hour duty, but they were not paid their overtime pay. Respondents were likewise not given a rest day, and not paid their five-day service incentive leave pay, and 13th month pay.9 At the time of their employment, respondents were receiving a salary of ₱198.00 a day from January 20 to March 2001.

From April 2001 to March 2003, they were receiving ₱250.00 a day. They were required to report for work during legal holidays, but they were not paid holiday premium pay.10 On February 25, 2003, respondents filed a complaint for nonpayment of holiday pay, premium for rest day, 13th month pay, illegal deductions and damages.11 On March 13, 2003, Capt. Arcega Cura (Capt.

Cura), the Operations Manager of petitioner Symex, summoned respondents to report to the head office the next day.12 The following day or on March 14, 2003, respondents went to the head office where Capt. Cura told them that they would be relieved from the post because Guevent reduced the number of guards on duty. Capt.

Cura told them to go back on March 17, 2003 for their reassignment.13 On March 17, 2003, Capt. Cura told respondents that they would not be given a duty assignment unless they withdrew the complaint they filed before the LA. Respondents were made to choose between resignation or forcible leave.

Capt. Cura gave them a sample affidavit of desistance for them to use as a guide. Respondents both refused to obey Capt.

Cura, who then told them that they were dismissed.14 The next day or on March 18, 2003, respondents amended their complaint15 before the LA to include illegal dismissal.16 In their defense, petitioners Symex and Arcega maintained that they did not illegally dismiss respondents. They claimed that respondents are still included in petitioner Symex's roll of security guards.

They shifted the blame to respondents, arguing that respondents refused to accept available postings.17 The LA Ruling In a Decision18 dated April 30, 2010, the LA dismissed respondents' amended complaint for illegal dismissal but ordered petitioner Symex to pay respondents' their proportionate 13th month pay, viz.: Rates: ₱198/day (1/20/01 - 3/31/01) ₱250/day (4/1/01 - 3/31/03) = Dismissed 3/14/03 A. MAGDALINO 0. RIVERA, JR. PROP.

13th MO. PAY: 1/1/03-3/14/03 ₱250 x 30 x 2.4 7/12 = ₱l,543.75 B. ROBERTO B. YAGO PROP. 13th MO.

PAY: 1/1/03-3/14/03 ₱250 x 30 x 2.4 7/12 = ₱l,543.75 SUMMARY OF COMPUTATION: A. MAGDALINO O. RIVERA, JR. ₱l,543.75 B. ROBERTOB. YAGO 1,543.75