CEBU, Philippines – The Supreme Court has upheld the decisions of the National Labor Relations Commission and the Court of Appeals against a taxi operator, Hilario Ramirez, who was ordered to pay the salary differential and 13th month of his mechanic.
The third division of the Supreme Court dismissed the petition for review filed by Ramirez assailing the appellate court’s resolution on July 13, 2007 that dismissed his petition for certiorari against the fourth division of the NLRC in Cebu City because of technicality.
Ramirez, who was ordered by the NLRC on September 29, 2006 to pay Mario Valcueba his salary differential and 13th month in the total amount of P45,825.98, filed a petition for certiorari before the Court of Appeals to assail the order of the labor tribunal.
However, the appellate court dismissed outright his petition and his subsequent motion for reconsideration because of his failure to properly verify and to state the material dates in violation of Section 3, Rule 46 of the Rules of Court.
Ramirez sought the high tribunal to review the resolutions of the Court of Appeals and that of the NLRC citing alleged grave abuse of discretion. But the Supreme Court upheld both the decisions of the CA and the NLRC.
Valcueva, a mechanic employed by Ramirez, earlier filed a case for illegal dismissal and non-payment of wage differential, 13th month, holiday pay, premium pay for holidays and rest days, services incentive leaves and moral and exemplary damages before the NLRC.
Valcueva claimed to have been hired by Ramirez as mechanic on May 28, 1999 but was terminated on February 26, 2006. Valcueva said he will only be allowed to report for work if he agrees to be paid on a pakyaw basis.
Ramirez denied the charges claiming it was Valcueva who abandoned his job by not reporting to his assignment as rescue mechanic. The NLRC on September 2006 found the evidence wanting and held that Ramirez is not guilty of the charges.
However, the labor court ordered Ramirez to pay Valcueva his salary differential and 13th month amounting to P45,825.98. Instead of complying with the order Ramirez filed a motion for reconsideration and asked for the reduction of the bond which was subsequently denied. — Fred P. Languido/WAB (FREEMAN NEWS)
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