Fund v. National Labor Relations Commission

GANCAYCO, J.:

The principal issue in this case is whether or not the petitioner Christian Children's Fund is the real employer of the private respondents, and not the Cristo Regis Center, an organization that is not incorporated. The secondary issues are whether or not the respondent Commission committed a grave abuse of discretion in dismissing the petitioner's appeal on the ground that the same had been filed beyond the reglementary period and whether or not there was illegal dismissal of the private respondents by their employer. The petitioner questions the resolution of the Fifth Division of the National Labor Relations Commission (NLRC) in NLRC Case No. RABI-0035-85 dated January 29, 1988, dismissing its appeal on the ground that the same was filed beyond the ten-day reglementary period.1 Petitioner's motion for reconsideration thereof was likewise denied on April 18, 1988.2 In the decision of Labor Arbiter Ricardo N. Olairez dated April 30, 1986, which was considered final and executory by the NLRC, the dispositive portion reads as follows:

WHEREFORE, in the light of the foregoing considerations, the respondent Christian Children's Fund, Inc. is hereby ordered to pay complainants, as follows: 1. ELIZABETH SALAO: P 25,446.00 - One year full backwages 8,717.00 - Separation pay, one-half month pay of basic rate, 11 years service.