G.R. No. 173326 - SOUTH COTABATO COMMUNICATIONS CORPORATION AND GAUVAIN J. BENZONAN, VS. HON. PATRICIA A. 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.D E C I

Ruling

WHEREFORE , premises considered, respondent DXCP Radio Station and/or Engr. Gauvain Benzonan, President, is hereby ordered to pay the seven (7) affected workers of their Salary Differential, Underpayment of 13 th Month Pay, Five (5) days Service Incentive Leave Pay, Rest Day Premium Pay and Holiday Premium Pay in the total amount of SEVEN HUNDRED FIFTY-NINE THOUSAND SEVEN HUNDRED FIFTY-TWO PESOS (P759,752.00), Philippine Currency as indicated in the Annex "A" hereof and to submit proof of compliance to the Department of Labor and Employment, Regional Office No. XII, Cotabato City within ten (10) calendar days from receipt of this Order. [7] Petitioners appealed their case to then DOLE Secretary Sto. Tomas. However, this appeal was dismissed in an Order dated November 8, 2004 wherein the Secretary ruled that, contrary to their claim, petitioners were not denied due process as they were given reasonable opportunity to present evidence in support of their defense in the administrative proceeding before the Regional Director of DOLE Region XII Office. The dispositive portion of the said Order follows: WHEREFORE , premises considered, the appeal by DXCP Radio Station and Engr. Gauvain Benzonan is hereby DISMISSED for lack of merit. The Order dated May 24, 2004 of the Regional Director, directing appellants to pay the nine (9) appellees the aggregate amount of Seven Hundred Fifty-Nine Thousand Seven Hundred Fifty-Two Pesos (Php759,752.00), representing their claims for wage differentials, 13 th month pay differentials, service incentive leave pay, holiday premium and rest day premium, is AFFIRMED . [8] Undeterred, petitioners filed a Motion for Reconsideration with the DOLE Secretary but this was denied in an Order dated February 24, 2005, the dispositive portion of which states: WHEREFORE , premises considered, the Motion for Reconsideration filed by DXCP Radio Station and Engr. Gauvain Benzonan, is hereby DENIED for lack of merit. Our Order dated November 8, 2004, affirming the Order dated May 20, 2004 of the OIC-Director, Regional Office No. 12, directing appellants to pay Rolando Fabrigar and eight (8) others, the aggregate amount of Seven Hundred Fifty-Nine Thousand Seven Hundred Fifty-Two Pesos (Php759,752.00), representing their claims for wage and 13 th month pay differentials, service incentive leave pay, holiday pay and rest day premium, is AFFIRMED . [9] In light of this setback, petitioners elevated their case to the Court of Appeals but their petition was dismissed in the assailed Court of Appeals Resolution dated July 20, 2005 because of several procedural infirmities that were explicitly cited in the same, to wit: 1. The petition was not properly verified and the Certification of Non-Forum Shopping was not executed by the plaintiff or principal party in violation of Sections 4 and 5 of Rule 7 of the 1997 Rules of Civil Procedure, as the affiant therein was not duly authorized to represent the corporation. Such procedural lapse renders th