Cabili v. Caballa

PERLAS-BERNABE, J.:

Assailed in this petition for review on certiorari1 are the Resolutions dated July 28, 20162 and February 22, 20173 of the Court of Appeals (CA) in CA-G.R. SP No. 146460 which dismissed the petition for certiorari4 filed by petitioners Jolo's Kiddie Carts/Fun4Kids/Marlo U. Cabili (petitioners), due to a technical ground, i.e., non-filing of a motion for reconsideration before filing a petition for certiorari. The Facts The instant case stemmed from a complaint5 for illegal dismissal, underpayment of salaries/wages and 13th month pay, non-payment of overtime pay, holiday pay, and separation pay, damages, and attorney's fees filed by Evelyn A. Caballa (Caballa), Anthony M. Bautista (Bautista; collectively, respondents), and one Jocelyn6 S. Colisao (Colisao) against petitioners before the National Labor Relations Commission (NLRC). Respondents and Colisao alleged that petitioners hired them as staff members in the latter's business; Caballa and Bautista were assigned to man petitioners' stalls in SM Bacoor and SM Rosario in Cavite, respectively, while Colisao was assigned in several SM branches, the most recent of which was in SM North EDSA.7 They were paid a daily salary that reached ₱330.00 for a six (6)-day work week from 9:45 in the morning until 9:00 o'clock in the evening.8 They claimed that they were never paid the monetary value of their unused service incentive leaves, 13th month pay, overtime pay, and premium pay for work during holidays; and that when petitioners found out that they inquired from the Department of Labor and Employment about the prevailing minimum wage rates, they were prohibited from reporting to their work assignment without any justification.9 For their part,10 petitioners denied dismissing respondents and Colisao, and maintained that they were the ones who abandoned their work.11 They likewise maintained that they paid respondents and Colisao their wages and other benefits in accordance with the law and that their money claims were bereft of factual and legal bases.12 The Labor Arbiter's (LA) Ruling In a Decision13 dated November 27, 2015, the LA dismissed the case insofar as Colisao is concerned for failure to prosecute.14 However, the LA ruled in favor of respondents, and accordingly, ordered petitioners to solidarily pay them the following, plus attorney's fees equivalent to ten percent (10%) ofthe total monetary awards: Separation Pay Back-wages Wage Di-fferential 13th month pay Moral damages Exemplary damages Total Caballa 60,580.00 109,870.80 75,156.12 10,608.00 10,000.00 5,000.00 ₱271,214.92 Bautista 60,580.00 112,294.00 74,480.12 10,608.00 10,000.00 5,000.00 272,962.12