Ex-Bataan vs Laguesma (LABOR LAW)

 Ex-Bataan Veterans Security Agency, Inc. vs The Secretary of Labor Laguesma

GR No. 152396 

November 20, 2007

Facts:

EBVSAI is in the business of providing security services while respondents are EBVSAI employees assigned to the Napocor, Ambuklao, Benguet. Private respondents instituted a complaint for underpayment of wages against EBVSAI before the Regional Office of DOLE. The Regional Office conducted a complaint inspection at the Ambuklao Plant where they observed violations of labor standards law. On the same date, the Regional Office issued a notice of hearing. The Regional Director then issued a compliance order. EBVSAI filed a motion for reconsideration and alleged that the Regional Director does not have jurisdiction over the subject matter of the case because the money claim of each respondent exceeded P5,000.00. The Regional Director denied EBVSAI’s motion. EBVSAI appealed to the Secretary of Labor. The Secretary of Labor affirmed the decision of the Regional Director with modification. EBVSAI filed a petition for certiorari before the CA. The CA dismissed the petition and affirmed the decision of the Secretary of Labor.

           

Issue:

Did Regional Director acquire jurisdiction considering that notice was served at the plant and not at its main office and that it was addressed to its Vice President?

 

Held:

The Rules on the Disposition of Labor Standards Cases in the Regional Offices state that notices and copies of orders shall be served on the parties or their duly authorized representatives at their last known address or, if they are represented by counsel, through the latter. The rules shall be liberally construed and only in the absence of any applicable provision will the Rules of Court apply in a suppletory character. In this case, EBVSAI does not deny having received the notices of hearing. EBVSAI can no longer question the jurisdiction of the Regional Director after receiving the notices of hearing and after appearing before the Regional Director.