SECOND DIVISION
February 20, 2017
G.R. No. 214183
E. GANZON, INC. (EGI) and EULALIO GANZON, Petitioners
vs.
FORTUNATO B. ANDO, JR., Respondent
D E C I S I O N
PERALTA, J.:
This petition for review on certiorari under Rule 45 of the Rules of Civil Procedure (Rules) seeks to reverse the February 28, 2014 Decision1 and September 4, 2014 Resolution2 of the Court of Appeals (CA) in CA-G.R. SP No. 126624, which annulled the Resolutions dated May 25, 20123 and July 17, 20124 of the National Labor Relations Commission (NLRC) which affirmed in toto the December 29, 2011 Decision5 of the Labor Arbiter.
On May 16, 2011, respondent Fortunato B. Ando, Jr. (Ando) filed a complaint6 against petitioner E. Ganzon, Inc. (EGI) and its President, Eulalio Ganzon, for illegal dismissal and money claims for: underpayment of salary, overtime pay, and 13th month pay; non-payment of holiday pay and service incentive leave; illegal deduction; and attorneys fees. He alleged that he was a regular employee working as a finishing carpenter in the construction business of EGI; he was repeatedly hired from January 21, 2010 until April 30, 2011 when he was terminated without prior notice and hearing; his daily salary of ₱292.00 was below the amount required by law; and wage deductions were made without his consent, such as rent for the barracks located in the job site and payment for insurance premium.
EGI countered that, as proven by the three (3) project employment contract, Ando was engaged as a project worker (Formworker-2) in Bahay Pamulinawen Project in Laoag, Ilocos Norte from June 1, 2010 to September 30, 20107 and from January 3, 2011 to February 28, 20118 as well as in EGI-West Insula Project in Quezon City, Metro Manila from February 22, 2011 to March 31, 2011;9 he was paid the correct salary based on the Wage Order applicable in the region; he already received the 13th month pay for 2010 but the claim for 2011 was not yet processed at the time the complaint was filed; and he voluntarily agreed to pay ₱500.00 monthly for the cost of the barracks, beds, water, electricity, and other expenses of his stay at the job site.
The Labor Arbiter declared Ando a project employee of EGI but granted some of his money claims. The dispositive portion of the Decision reads:
premises considered, judgment is hereby rendered Dismissing the complaint for illegal dismissal for lack of merit.WHEREFORE,
However, respondents are ordered to pay jointly and severally complainant Fortunato Ando, Jr.
a.) underpayment of salary:
From 2/22/11 - 4/30/11
b.) Holiday pay:
From 1/21/10-4/30/11
c.) Service incentive leave pay:
From 1/21/10 -4/30/11
d.) Proportionate 13th month pay
From 1/1/11 - 4/30/11
The computation of the Computation and Examination Unit of this Office is made part of this Decision.
SO ORDERED.10