G.R. No. 116347 - NATIVIDAD PONDOC, VS. NATIONAL LABOR RELATIONS COMMISSION (FIFTH DIVISION, CAGAYAN DE ORO CITY) AND EMILIO PONDOC.

Ruling

WHEREFORE, judgment is hereby rendered: (a) ordering respondent Eulalio Pondoc to pay complainant the following claims: (1) Salary differential for reason of underpayment P35,776.00; (2) Regular holiday and premiumpayforholidayservices 902.00; (3)Premiumpayforrestdayservices 3,840.00; (4) 13th month pay 3,600.00 or the total amount of FOURTY-FOUR [sic] THOUSAND AND ONE HUNDRED EIGHTEEN PESOS (P44,118.00). Other claims are denied for lack of merit. SO ORDERED (Records, pp. 323-324). On his last day to perfect an appeal, private respondent filed a manifestation before the Labor Arbiter praying that his liabilities be set-off against petitioners alleged indebtedness to him (Records, pp. 325-327). The Labor Arbiter denied, however, the compensation, and instead, issued a writ of execution as prayed for by petitioner (Records, p. 328). Before the execution order could be implemented, however, private respondent was able to obtain a restraining order from the NLRC, where he filed a Petition for "Injunction and Damages," docketed as NLRC Case No. ICM-000065. On February 28, 1994, public respondent NLRC allowed compensation between petitioners monetary award and her alleged indebtedness to private respondent. It disposed: WHEREFORE, the appealed order is hereby vacated and set aside. A new one is entered declaring the setting-off of complainants indebtedness which allegedly amounted to P41,051.35 against the complainants monetary award in the amount of P44,118.00. The additional amount of P5,000.00 which complainant allegedly got from respondent on 10 July 1993 could not be credited in view of appellants failure to submit evidence to prove that complainant was really paid P5,000.00. Accordingly, respondent Eulalio Pondoc is hereby directed to pay complainant Natividad Pondoc the amount of P3,066.65. The Temporary restraining order issued herein is hereby made permanent. SO ORDERED (Annex "D" of Petition). [3] Her motion for reconsideration of the judgment having been denied by the NLRC, the petitioner instituted this special civil action for certiorari under Rule 65 of the Rules of Court wherein she prays this Court annul the challenged decision of the NLRC, Fifth Division (Cagayan de Oro City), in NLRC Case No. IC No. M-000065, and direct the enforcement of the writ of execution in NLRC Case No. SRAB-09-05-10102-92, on the ground that the NLRC, Fifth Division, acted without or in excess of jurisdiction or with grave abuse of discretion when it proceeded to determine the alleged indebtedness of the petitioner and set-off the same against the liabilities of the private respondent. The petitioner asserts that the decision of the labor Arbiter in NLRC Case No. SRAB-09-05-10102-92 was already final and executory when the private respondent tried to defeat the judgment by asserting an alleged indebtedness of Andres Pondoc as a set-off, a claim not pleaded before the Labor Arbiter at any time before judgment, hence deemed waived. Moreover, the indebtednes