This case involves a petition for review of a decision from the Court of Appeals affirming orders from the Secretary of Labor and Employment regarding violations of labor standards found during an inspection of DXCP Radio Station. The inspection found underpayment of wages, lack of 13th month pay, service incentive leave pay, holiday premium pay, and rest day premium pay owed to nine private respondents. It also found failure to remit social security contributions for some employees paid partly on commission. The radio station owners failed to comply with directives to correct the violations and pay respondents the total amount owed of P759,752. They appealed the orders on grounds of denial of due process and lack of factual and legal basis.
This case involves a petition for review of a decision from the Court of Appeals affirming orders from the Secretary of Labor and Employment regarding violations of labor standards found during an inspection of DXCP Radio Station. The inspection found underpayment of wages, lack of 13th month pay, service incentive leave pay, holiday premium pay, and rest day premium pay owed to nine private respondents. It also found failure to remit social security contributions for some employees paid partly on commission. The radio station owners failed to comply with directives to correct the violations and pay respondents the total amount owed of P759,752. They appealed the orders on grounds of denial of due process and lack of factual and legal basis.
This case involves a petition for review of a decision from the Court of Appeals affirming orders from the Secretary of Labor and Employment regarding violations of labor standards found during an inspection of DXCP Radio Station. The inspection found underpayment of wages, lack of 13th month pay, service incentive leave pay, holiday premium pay, and rest day premium pay owed to nine private respondents. It also found failure to remit social security contributions for some employees paid partly on commission. The radio station owners failed to comply with directives to correct the violations and pay respondents the total amount owed of P759,752. They appealed the orders on grounds of denial of due process and lack of factual and legal basis.
This case involves a petition for review of a decision from the Court of Appeals affirming orders from the Secretary of Labor and Employment regarding violations of labor standards found during an inspection of DXCP Radio Station. The inspection found underpayment of wages, lack of 13th month pay, service incentive leave pay, holiday premium pay, and rest day premium pay owed to nine private respondents. It also found failure to remit social security contributions for some employees paid partly on commission. The radio station owners failed to comply with directives to correct the violations and pay respondents the total amount owed of P759,752. They appealed the orders on grounds of denial of due process and lack of factual and legal basis.
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G.R. No.
217575, June 15, 2016
SOUTH COTABATO COMMUNICATIONS CORPORATION AND GAUVAIN J.
BENZONAN, Petitioners, v. HON. PATRICIA STO. TOMAS, SECRETARY OF LABOR AND EMPLOYMENT, ROLANDO FABRIGAR, MERLYN VELARDE, VINCE LAMBOC, FELIPE GALINDO, LEONARDO MIGUEL, JULIUS RUBIN, EDEL RODEROS, MERLYN COLIAO, AND EDGAR JOPSON, Respondents.
DECISION
VELASCO JR., J.:
This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeking to reverse and set aside the Decision1 dated November 28, 2014 and Resolution dated March 5, 2015 of the Court of Appeals (CA) in CA-G.R. SP No. 00179-MIN, affirming the Orders dated November 8, 2004 and February 24, 2005 issued by the Secretary of Labor and Employment.
Factual Antecedents
On January 19, 2004, the Department of Labor and Employment Region-XII (DOLE) conducted a Complaint Inspection2 at the premises of DXCP Radio Station, which is owned by petitioner South Cotabato Communications Corporation. The inspection yielded a finding of violation of labor standards provisions of the Labor Code involving the nine (9) private respondents, such as: chanRoblesvirtualLawlibrary
1. Underpayment of Wages 2. Underpayment of 13th Month Pay 3. Non-payment of the five (5) days Service Incentive Leave Pay 4. Non-payment of Rest Day Premium Pay 5. Non-payment of the Holiday Premium Pay 6. Non-remittance of SSS Contributions 7. Some employees are paid on commission basis aside from their allowance[s]3
Consequently, the DOLE issued a Notice of Inspection Result directing petitioner corporation and/or its president, petitioner Gauvain J. Benzonan (Benzonan), to effect restitution and/or correction of the alleged violations within five (5) days from notice. Due to petitioners' failure to comply with its directive, the DOLE scheduled on March 3, 2004 a Summary Investigation at its Regional Office No. XII, Provincial Extension Office, in General Santos City. However, petitioners failed to appear despite due notice. Another hearing was scheduled on April 1, 2004 wherein petitioners' counsel, Atty. Thomas Jacobo (Atty. Jacobo), failed to attend due to an alleged conflict in schedule. Instead, his secretary, Nona Gido, appeared on his behalf to request a resetting, which the DOLE Hearing Officer denied.4 Thus, in an Order dated May 20, 2004, the DOLE Region-XII OIC Regional Director (DOLE Regional Director) directed petitioners to pay private respondents the total amount of P759,752, representing private respondents' claim for wage differentials, 13th month pay differentials, service incentive leave pay, holiday premium pay, and rest day premium Pay-Therefrom, petitioners appealed to the Secretary of Labor, raising two grounds: (1) denial of due process; and (2) lack of factual and legal basis of the assailed Order.
Charles Frank Shole v. Alfred J. O'ferrall, Assistant Attorney General Francis B. Burch, Attorney General, J. Harold Grady, Judge, Howard L. Aaron, Judge, 423 F.2d 1229, 4th Cir. (1970)
