GR 125340; (September, 1998) (Digest)
G.R. No. 125340 September 17, 1998
EMELITA NICARIO, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, MANCAO SUPERMARKET, INC. AND/OR MANAGER, ANTONIO MANCAO, respondents.
FACTS
Petitioner Emelita Nicario was employed by respondent Mancao Supermarket, Inc. on June 6, 1986, as a salesgirl and later promoted to sales supervisor. Her services were terminated on February 7, 1989. She filed a complaint for illegal dismissal with claims for backwages, wage differential, service incentive leave pay, overtime pay, 13th month pay, and unpaid wages. The Labor Arbiter initially dismissed the complaint. On appeal, the NLRC remanded the case for further proceedings due to due process concerns regarding the authenticity of payroll signatures. Labor Arbiter Marissa Macaraig-Guillen subsequently awarded petitioner’s claims for unpaid service incentive leave pay, 13th month pay, overtime pay, and rest day pay. The NLRC initially affirmed this decision but, upon a motion for reconsideration, modified it by deleting the award for overtime pay and ruling that respondent Antonio Mancao (manager) was not jointly and severally liable with the corporation. Petitioner filed this special civil action for certiorari, alleging grave abuse of discretion by the NLRC in these two modifications.
ISSUE
1. Whether petitioner Emelita Nicario is entitled to overtime pay.
2. Whether respondent Antonio Mancao, as manager, can be held jointly and severally liable with Mancao Supermarket, Inc. for the monetary award.
RULING
1. Yes, petitioner is entitled to overtime pay. The Supreme Court found that the NLRC gravely abused its discretion in deleting the award. The Labor Arbiter properly took judicial notice that Mancao establishments operated from 8:00 a.m. to 8:00 p.m., supporting petitioner’s claim of working 12-hour days. The daily time records (DTRs) submitted by the company to refute this were deemed unreliable. The Court agreed with the Solicitor General’s observations that the DTRs were suspiciously uniform, indicated an improbable two-hour break, and were not original documents. The company failed to present substantial evidence beyond these dubious DTRs. Applying the principle that doubts in labor cases should be resolved in favor of the worker, the Court reinstated the award for overtime pay.
2. No, respondent Antonio Mancao cannot be held jointly and severally liable. The general rule is that corporate officers are not personally liable for corporate acts unless they acted maliciously or in bad faith to evade obligations. The Court found no evidence that Antonio Mancao acted deliberately or maliciously to evade the company’s financial obligations to the petitioner. Therefore, he could not be held jointly and severally liable; liability rests solely with Mancao Supermarket, Inc.
The petition was PARTIALLY GRANTED. The NLRC resolution dated December 21, 1995, was MODIFIED to award petitioner her overtime pay and to hold Mancao Supermarket, Inc. solely liable for the monetary award.