case no. 43 to 52.docx - THIRD DIVISION[G.R No 106916...

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THIRD DIVISION [G.R. No. 106916. September 3, 1999] MASAGANA CONCRETE PRODUCTS, KINGSTONE CONCRETE PRODUCTS and ALFREDO CHUA, petitioners , vs. NATIONAL LABOR RELATIONS, COMMISSION and RUBEN MARIAS, respondents . D E C I S I O N GONZAGA-REYES, J .: This petition for certiorari assails the Decision [1] dated July 21, 1992 and the Resolution dated August 25, 1992 of herein public respondent National Labor Relations Commission (NLRC) which affirmed with modification the Labor Arbiters Decision [2] dated June 15, 1991, ordering herein petitioners to reinstate private respondent, Ruben Marias, without loss of seniority rights and privileges with full backwages. The assailed Decision of the NLRC deleted the award of attorneys fees in favor of the private respondent Ruben Marias for lack of sufficient basis. The antecedents are summarized by the Solicitor General as follows: Petitioners Masagana Concrete Products and Kingstone Concrete Products are licensed business establishments owned and managed by petitioner Alfredo Chua. Sometime in May 1983, Masagana Concrete Products hired private respondent Ruben Marias as truck helper at the compensation of P107.00 a day. The name of the establishment was later changed to Kingstone Concrete Products. Private respondent worked continuously for petitioners until November 30,1990. On November 30, 1990, Chua accused Marias of tampering a vale sheet and was ordered to leave the business premises. Marias returned the next day but he was not allowed to enter the premises of Masagana Concrete Products or Kingstone Concrete Products. On December 3, 1990, he sent a letter to Chua requesting that he (Marias) be allowed to return to work. This request was ignored by petitioners. Marias discovered that he had been replaced by a certain Anton and that his (Marias) time card was no longer in the rack (Records, p. 35). On December 7, 1990, Marinas filed a complaint against petitioners before public respondents Arbitration Branch, Region IV (docketed as NLRC Case No. RB-IV-12-3534-90), for Unfair Labor Practice, Illegal Dismissal, Overtime Pay, Legal Holiday Pay, Premium Pay for Holiday and Rest Day Service Incentive Leave, Violation of P.D.s 525, 171, 1123, 1614, 1634, 1678, 851, 928, 1389, 1614 and 1715 (Records, p.1). On December 17, 1990, a copy of the Notification and Summons was sent to Alfredo Chua, President/Manager, Masagana Concrete Products, Kingstone Concrete Products, at Bo. Mayamot, Antipolo Rizal, notifying petitioners of the initial hearing set on January 16, 1991 before Labor Arbiter Ambrosio B. Sison (Records, p. 2). The registry return card for the Notification and Summons shows that it was received by petitioners on January 8, 1991 (Records, p. 7). On January 16, 1991, the hearing date, only respondent Marias appeared before the Labor Arbiter. Assisted by counsel, Marias filed his Sinumpaang Salaysay. The hearing was reset to February 1, 1991 (Records, p. 11). Petitioners were notified by registered mail of the February 1, 1991 hearing on January 30, 1991 (Records, p. 14).
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On February 1, 1991, no one appeared for petitioners. On that date, Marias requested that he be allowed to file his position paper on February 21, 1991, the new hearing date (Records, p.
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  • Spring '16
  • Promissory note, PETITIONERS, Unfair labor practice, Labor Arbiter, RUBEN MARIAS

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