Ong v. Parel

JR., J.:

This is a special civil action for certiorari seeking to annul on the ground of lack of jurisdiction the following: (a) the Final Order for Compliance dated October 7, 1986 issued by the public respondent through his assistant Domingo H. Zapanta ordering petitioner to pay the sum of P254,841.26 representing the claims of thirteen (13) complainant workers; (b) the Order dated November 18, 1986, denying the petitioner's motion for reconsideration for lack of merit; and (c) the Writ of Execution dated December 12, 1986 issued by said Regional Director to enforce the aforementioned orders. A writ of prohibition is also prayed for in this petition to command the public respondent to desist from the conduct of further proceedings on the matter in question. The petitioner is the owner of the Mansion House Restaurant located at No. 1 1, J.M. Basa Street, Iloilo City.

On July 28, 1986, private respondent Rowena Reteracion, president of the Mansion House Genuine Labor Union filed a request for the inspection of the petitioner's restaurant with Regional Office No. VI of the Ministry of Labor and Employment at Iloilo City. The request for inspection was in connection with the failure of the petitioner to comply with certain labor standard laws such as those relating to the payment of the minimum wage, the emergency cost of living allowance, the 13th month pay and the 5-day incentive leave pay. On July 30, 1986, an on-the-spot inspection of the petitioner's business premises was conducted by the representatives from MOLE's regional office at Bacolod City in obedience to Office Order No. 027, series of 1986 issued by authority of the public respondent regional director.

Since the petitioner was not able to present his business records then on the allegation that they were with his accountant, he was given five days or until August 4, 1986 to present said records. The inspection resulted in the interview of thirteen employees who signed affidavits supporting the charges of non- compliance with certain labor standard laws against the petitioner. On August 4, 1986, the officers of MOLE's Labor Standard Welfare Office paid a second visit to the petitioner's business premises to obtain the requested employment records for inspection.

Again, the petitioner failed to present the records. On August 7, 1986, a subpoena duces tecum was issued by the public respondent requiring the petitioner to submit the daily time records and payrolls relating to the payment of wages, 13th month pay, and incentive leave pay of the employees in his business establishment. On August 12, 1986, the petitioner, instead of complying with the subpoena duces tecum sent a letter to the public respondent through the labor district officer requesting for clarification as to the basis of the latter's inspection of his premises.

He inquired whether the said inspection was routinary or one based on a complaint filed against him. On August 14, 1986, the last day for presenting certain employment records for inspection, the petitioner failed to comply. On September 2, 1986, a narrative report was submitted to the public respondent by his duly designated representatives regarding the results of the inspection made on the petitioner's business premises.

A summary of the computation of the claims of the thirteen workers based on the affidavits they executed was attached to the report.

On October 7, 1986, the public respondent issued the questioned Final Order for Compliance, with the following dispositive portion - IN VIEW THEREOF, respondent Antonio Ong, Sr., owner of Mansion House Restaurant, is hereby ordered to pay the sum of TWO HUNDRED FIFTY FOUR THOUSAND EIGHT HUNDRED FORTY ONE PESOS and 26/100 (P254,841.26) representing the claims of thirteen (13) complainant workers as stated in the attached sheet of the foregoing mentioned Summary of Findings within ten (10) days from receipt of this Notice. (p. 21, Rollo; Annex "A "

of Petition). The amount of P254,841.26 representing the total money claims of the thirteen claimant workers is broken down in said order as follows: "1. Underpayment of the Minimum Wage Rate P136,087.98 "2.

Non-payment of Emergency Cost of Living Allowance 107,769.93 "3. Underpayment of 13th month pay 8,463.35 "4. Non-payment of 5 days incentive leave pay 2,520.00