SC overturns DOLE ruling vs radio firm
MANILA, Philippines — The Supreme Court granted the appeal filed by People’s Broadcasting Service (Bombo Radyo Philippines Inc.) seeking the dismissal of a labor case filed against the radio company.
In a 12-page decision recently released to the media, the high court, through Associate Justice Presbitero Velasco, said that contrary to the findings of the Department of Labor and Employment Regional Director, there was no employer-employee relationship between Bombo Radyo and Jandeleon Juezon.
Juezon, according to the Supreme Court, has presented “self serving allegations and self defeating evidence” to support his claim for illegal deduction, non-payment of service incentive leave, 13th month pay, premium pay for holiday and rest day among others.
The high court said that in money claims even beyond P5,000, the Secretary of Labor’s visitorial and enforcement power could only be exercised if there was an existing employer-employee relationship which in this case there was none.
“If there is no employer-employee relationship, whether it has been terminated or it has not existed from start, the DOLE has no jurisdiction,” the high court said.
The high court added that the DOLE Regional Director’s findings that the radio station should be held liable was not based on substantial evidence.
“The DOLE had no jurisdiction over the case, as there was no employer-employee relationship present. Thus, the dismissal of the complaint against petitioner is proper,” the high court said.
First posted 11:07 am | Friday, April 6th, 2012
