Trucks v. National Labor Relations Commission

FIRST DIVISION G.R. No. L-56950-51 September 30, 1982 M. F. VIOLAGO OILER TANK TRUCKS, petitioner, vs. THE NATIONAL LABOR RELATIONS COMMISSION and FELIPE CRUZ, AMADO MARIANO, RICARDO PASCO, TEOFILO DE LEON and ZOSIMO SACDALAN, respondents. Abraham Pa. Gorospe for petitioner.

Solicitor General Estelito P. Mendoza, Asst. Solicitor General Ruben E. Agpalo and Solicitor Florencio E. Jacinto for respondent NLRC. Fortunato M. Borlongan for private respondent.

GUTIERREZ, Jr.,J.: On July 29, 1980, five drivers who used to work for the petitioner filed complaints with the Regional Office of the National Labor Relations Commission at San Fernando, Pampanga for illegal dismissal, reinstatement with backwages, and such other benefits as they may be entitled to under the law. According to the complainants, Mr. Miguel F. Violago, proprietor of an oil-tank trucking business, withdrew the trucks driven by them for no just cause and without prior clearance from the Ministry of Labor. They charged that their employer did not give them any separation pay and that during theiremployment, they were not given sick leave pay, vacation leave pay, and overtime or holiday pay for work on Sundays and holidays.

The drivers also alleged that illegal deductions for payments of back premiums to the Social Security System were levied against them and that their employer unilaterally reduced their wages in 1979 without their consent and with no Ministry of Labor's authority. Complainants Felipe Cruz and Zosimo Sacdalan added that their deposits or cash bonds were not refunded when the employer illegally dismissed them. In its answer, M. F. Violago Oiler Tank Trucks alleged: That all the charges filed by the complainant against herein respondent are maliciously false and perjurious, the truth of the matter being that said complainants Teofilo de Leon, Ricardo Pasco, Amado Mariano were allegedly suspected/caught by the Petrophil authorities of using device to cheat in receiving and delivering fuel from the compound to the points of delivery and by reason thereof, they were prohibited or banned from entering the Petrophil compound at Pandacan, Metro Manila, thus, as they were not allowed anymore to enter the compound, they abandoned the trucks they were respectively operating.

That complainant Felipe Cruz was not illegally dismissed as falsely asserted in his complaint, the truth of the matter being as gathered by herein respondent, said complainant being a barrio official and active leader of a mayoral candidate in his municipality, left his work and actively campaigned for the said candidate and after the elections, as, he thought that the other candidate is related to the respondent, he did not report anymore to his work and instead, he filed this complaint. That the unlawful and illegal abandonment made by the complainants caused great and irreparable damage and prejudice to the respondent. That the acts of complainants as stated above, being illegal, respondent most respectfully prays for the dismissal of the complaint.

The Assistant Director for Arbitration of the regional office rendered a decision on October 8, 1980 the dispositive portion of which reads:

WHEREFORE, IN VIEW OF ALL THE, FOREGOING, judgment is hereby rendered: 1. Ordering respondent M.F. Violago Oiler-Tank Trucks to pay backwages of complainants Felipe Cruz, Ricardo Pasco, Amado Mariano, Teofilo de Leon and Zosimo Sacdalan from the date of their respective dates of dismissal up to the date of this decision, broken down as follows: NAMES BACKWAGES l Felipe Cruz P11,475.00 2.Ricardo Pasco 17,550.00 3.Amado Mariano 28,290.00 4.Teofilo de Leon 27,060.00 5.Zosimo Sacdalan 16,500.00 T o t a l -