G.R. No. 222419 - RAMIL R. VALENZUELA, VS. ALEXANDRA MINING AND OIL VENTURES, INC. AND CESAR E. DETERA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, judgment is hereby rendered finding [Valenzuela] to have been illegally dismissed. [The respondents] are hereby found jointly and severally liable and ordered to pay [Valenzuela] the amount of One Hundred Thirty[-]Two Thousand Pesos (P132,000.00) representing his full backwages and separation pay plus ten percent (10%) thereof as attorney's fees. SO ORDERED . [10] The LA dismissed Cesar's claim that Valenzuela was a family driver and not an employee of AMOVI, as the evidence on record proved otherwise. [11] She likewise pointed out that the respondents failed to present any evidence to support their claim that Valenzuela abandoned his employment. [12] Unyielding, the respondents interposed an appeal to the National Labor Relations Commission (NLRC), [13] and reiterated their claim that Valenzuela was the family driver of the Deteras and not an employee of AMOVI. They added that Valenzuela, being a member of the household service, may be terminated at will by his employer pursuant to Article 150 of the Labor Code. [14] Ruling of the NLRC On March 27, 2014, the NLRC Fourth Division (Formerly 7 th Division) rendered a Decision [15] affirming the ruling of the LA, the pertinent portion of which reads, thus: Finally, resolving respondents' insistence that [Valenzuela] was hired as a Family Driver and not as Company Driver, we find the same untenable. The records of this case show that respondents failed to present evidence to dispute [Valenzuela's] allegations. Such allegation is unsupported. On the other hand, the appellant [sic] was able to present in [sic] identification card and payslips. There being no showing of any error committed by the [LA] in the assailed Decision, we opt not to disturb the same. WHEREFORE, the Appeal filed by respondents is hereby DISMISSED. Assailed decision is AFFIRMED. SO ORDERED.