G.R. No. 176240 - ROLANDO SASAN, SR., LEONILO DAYDAY, MODESTO AGUIRRE, ALEJANDRO ARDIMER, ELEUTERIO SACIL, WILFREDO JUEGOS, PETRONILO CARCEDO AND CESAR PACIENCIA, VS. NATIONAL LABOR RELATIONS COMMISSION 4TH DIVISION, EQUITABLE-PCI BANK AND HELPMATE, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the foregoing premises considered, judgment is hereby rendered directing the respondents Equitable PCI Bank and Helpmate, Inc. to pay jointly and solidarily the complainants as follows: 1. Cesar Paciencia - P 43,130.00 2. Dominador Suico, Jr. - 32,015.00 3. Roland Mosquera - 33,250.00 4. Petronilo Carceda - 72,770.00 5. Roland Sasan, Sr. - 60,420.00 6. Leonilo Dayday - 75,240.00 7. Eleuterio Sacil - 53,010.00 8. Mario Juntilla - 65,360.00 9. Wilfredo Juegos - 57,950.00 10. Modesto Aguirre - 54,245.00 11. Alejandro Ardimer - 59,185.00 TOTAL - P606,575.00 [18] Aggrieved by the decision of Labor Arbiter Gutierrez, respondents E-PCIBank and HI appealed the same to the NLRC, 4 th Division, stationed in Cebu City. Their appeals were docketed as NLRC Case No. V-000241-2002. In support of its allegation that it was a legitimate job contractor, HI submitted before the NLRC several documents which it did not present before Labor Arbiter Gutierrez. These are: Certificate of Filing of Certificate of Increase of Capital Stock, Certificate of Filing Amended Articles of Incorporation, and General Information Sheet Stock Corporation of HI showing therein that it increased its authorized capital stock from P1,500,000.00 to P20,000,000.00 on 12 March 1999 with the Securities and Exchange Commission; Audited Financial Statement of HI showing therein that it has Total Assets of P20,939,935.72 as of 31 December 2000; Transfer Certificate of Title No. 110173 and Tax Declaration No. GR2K-09-063-00582 registered under the name of HI showing that it has a parcel of land with Market Value of P1,168,860.00 located along Rizal Avenue (now Bacalso Avenue), Cebu City, and Tax Declaration No. GR2K-09-063-00583 registered under the name of HI showing that it has a commercial building constructed on the preceding lot located along Bacalso Avenue, Cebu City with market value of P2,515,170.00. [19] The NLRC promulgated its Decision on 22 January 2003 modifying the ruling of Labor Arbiter Gutierrez. The NLRC took into consideration the documentary evidence presented by HI for the first time on appeal and, on the basis thereof, declared HI as a highly capitalized venture with sufficient capitalization, which cannot be considered engaged in "labor-only contracting." On the charge of illegal dismissal, the NLRC ruled that: The charge of illegal dismissal was prematurely filed. The record shows that barely eight (8) days from 15 July 2001 when the complainants were placed on a temporary "off-detail," they filed their complaints on 23 July 2001 and amended their complaints on 22 August 2001 against the respondents on the presumption that their services were already terminated. Temporary "off-detail" is not equivalent to dismissal. x x x. [20] The NLRC deleted Labor Arbiter Gutierrez's award of backwages and separation pay, but affirmed his award for 13 th month pay and attorney's fees equivalent to ten percent (10%) of the 13 th month pay, to the petitioners. [21] Thus, the N