Likewise, petitioners asserted that the Order of the Regional Director does not state that an employer-employee relationship exists between petitioners and private respondents, which is necessary to confer jurisdiction to the DOLE over the alleged violations. The denial of due process was predicated on the refusal of the Hearing Officer to reset the hearing set on April 1, 2004, which thus allegedly deprived petitioners the opportunity to present their evidence. 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, 13 th 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. Instead, his secretary, Nona Gido, appeared on his behalf to request a resetting, which the DOLE Hearing Officer denied. Jacobo), failed to attend due to an alleged conflict in schedule. Another hearing was scheduled on Apwherein petitioners' counsel, Atty. However, petitioners failed to appear despite due notice. XII, Provincial Extension Office, in General Santos City. Due to petitioners' failure to comply with its directive, the DOLE scheduled on Maa Summary Investigation at its Regional Office No. Benzonan (Benzonan), to effect restitution and/or correction of the alleged violations within five (5) days from notice. Some employees are paid on commission basis aside from their allowance 3Ĭonsequently, the DOLE issued a Notice of Inspection Result directing petitioner corporation and/or its president, petitioner Gauvain J.Non-payment of the five (5) days Service Incentive Leave Pay.The inspection yielded a finding of violation of labor standards provisions of the Labor Code involving the nine (9) private respondents, such as: chanRoblesvirtualLawlibrary On January 19, 2004, the Department of Labor and Employment Region-XII (DOLE) conducted a Complaint Inspection 2 at the premises of DXCP Radio Station, which is owned by petitioner South Cotabato Communications Corporation. 00179-MIN, affirming the Orders dated Novemand Februissued by the Secretary of Labor and Employment. This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeking to reverse and set aside the Decision 1 dated Novemand Resolution dated Maof the Court of Appeals (CA) in CA-G.R. 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. SOUTH COTABATO COMMUNICATIONS CORPORATION AND GAUVAIN J. 217575, JSOUTH COTABATO COMMUNICATIONS CORPORATION AND GAUVAIN J. 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.: Philippine Supreme Court Jurisprudence > Year 2016 > June 2016 Decisions >
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