519 Phil. 324
CHICO-NAZARIO, J.:
WHEREFORE, premises considered, respondents EJR CRAFTS CORPORATION and/or MR. SASIGWANI DAVE and MR. JAE KUAN LEE is hereby ordered to pay JEAN ARO, ET AL., the total amount of ONE MILLION THREE HUNDRED EIGHTY-TWO THOUSAND THREE HUNDRED THIRTY-TWO PESOS and 80/100 (P1,382,332.80) corresponding to their claims within ten (10) days from receipt hereof, otherwise, a WRIT OF EXECUTION shall be issued.[5]Petitioner then filed a Motion for Reconsideration of said Order on 21 November 1997 arguing that the Regional Director has no jurisdiction over the case as private respondents were allegedly no longer connected with petitioner corporation at the time of the filing of the complaint and when the inspection was conducted, and that private respondents' claims are within the exclusive and original jurisdiction of the Labor Arbiters. Petitioner further contends that it was never served with the notices of the hearings nor was it notified of the inspection results, thus denying it of due process.
The pivotal issue in this case is whether the Regional Director has jurisdiction over the claims of herein private respondents.Petitioner's Motion for Reconsideration was subsequently denied in a Resolution dated 28 June 2002.
We find in favor of the private respondents.
It is admitted that for the Regional Director to exercise the power to order compliance, or the so-called "enforcement power" under Article 128(b) of P.D. No. 442 as amended, it is necessary that the employer-employee relationship still exists.
In support of its contention that it is the Labor Arbiter and not the Regional Director who has jurisdiction over the claims of herein private respondents, petitioner contends that at the time the complaint was filed, the private respondents were no longer its employees. However, aside from photocopies of documents entitled "Release and Quitclaim," no other evidence was adduced by the petitioner to substantiate this claim. These documents, being mere photocopies are unreliable and incompetent without the original and deserves little credence or weight.
Moreover, when compared to other documents in the records of this case, the entries in said "Release and Quitclaim" raise serious doubts as to the authenticity and veracity of such photocopies. Upon perusal of such "Release and Quitclaim", We find that the entries therein do not correspond with the declarations of the private respondents in the Questionnaires/Affidavits which they filled up and submitted to the DOLE.x x x x
As is well-settled, if doubts exist between the evidence presented by the employer and the employee, the scales of justice must be tilted in favor of the employee. Since it is a time-honored rule that in controversies between a laborer and his master, doubts reasonably arising from the evidence, or in the interpretation of agreements and writings should be resolved in the former's favor (Prangan vs. NLRC, 289 SCRA 142).x x x x
Left with no other evidence of its allegation, petitioner's denial becomes a negative and self-serving evidence which has no weight in law. Accordingly, the allegation of lack of jurisdiction necessarily fails.x x x x
Petitioner's allegation that it was denied due process is not well taken.
A perusal of the records, particularly the Notice of Inspection Result, reveals that petitioner, through its manager Mr. Jae Kwan Lee, was served a copy of the result of the inspection and that the same was explained to him. The said notice of inspection result advised petitioner to submit within five (5) working days to the Regional Office its questions or objections to the findings of the Labor Enforcement Officer, otherwise an order of compliance shall be issued. However, instead of submitting its objections or question such findings, petitioner chose to remain silent even after it was notified of the hearings to be conducted on said case. It is only after an order was issued by the Regional Director directing the petitioner to pay a substantial amount that it began to assert its right. Clearly, there was no denial of due process.
Furthermore, petitioner was given another chance to present its case when it filed a motion for reconsideration which the DOLE considered an appeal.
Finally, the Undersecretary of Labor correctly affirmed the Order of the Regional Director since the assailed Order was not without basis.
Said order of Regional Director Amoguis was based on the uncontested result of the inspection, on the Questionnaires/Affidavits of the private respondents, and on the applicable provision of the Labor Code. Moreover, petitioner failed to prove its case during the appeal since it did not adduce evidence sufficient to warrant reversal of the assailed Order of Regional Director.
Accordingly, We find the assailed resolutions to be in harmony with the evidence on record and existing law and jurisprudence.
WHEREFORE, based on the foregoing premises, the instant petition is hereby DISMISSED.[6]
Petitioner maintains that the Regional Director has no jurisdiction over the instant case since private respondents have ceased to be connected with the petitioner at the time of the filing of the complaint as well as when the inspection/investigation was conducted by the Labor Enforcement Officer. According to petitioner, this fact is supported by the Quitclaim and Release forms submitted by petitioner and attached as annexes to the petition for certiorari filed before the Court of Appeals, as it is clearly stated therein that private respondents had already finished their contract with petitioner. Thus, petitioner contends that there being no employer-employee relationship between private respondents and petitioner, the claims of the private respondents for payment of monetary benefits fall within the exclusive and original jurisdiction of the Labor Arbiter.
- Whether or not public respondent Regional Director has jurisdiction over the case;
- Whether or not public respondents had committed grave abuse of discretion in dismissing the appeal and/or motion for reconsideration and the subsequent petition for certiorari of the petitioner;
- Whether or not the public respondents had denied to the petitioner its right to due process of law;
- Whether or not, in the possibility that public respondent Regional Director has jurisdiction over the case, his decision was a faithful application of the law and correct appreciation of the evidence on record.
The findings of fact of an administrative agency must be respected as long as they are supported by substantial evidence, even if such evidence might not be overwhelming or even preponderant. It is not the task of an appellate court to weigh once more the evidence submitted before the administrative body and to substitute its own judgment for that of the administrative agency in respect of sufficiency of evidence.Furthermore, as a general rule, findings of fact of the Court of Appeals are final and conclusive and cannot be reviewed on appeal by the Supreme Court, provided they are borne out by the record or based on substantial evidence.[8] It is not the function of this Court to analyze or weigh evidence all over again, unless there is a showing that the findings of the lower court are totally devoid of support or are glaringly erroneous as to constitute palpable error or grave abuse of discretion.[9]
Art. 128. Visitorial and Enforcement Power. —With respect to petitioner's claim that it had been denied due process as it was not served a copy of the inspection report and neither was it notified of the hearings, thus refusing it the opportunity to contest the findings of the Labor Enforcement Officer and the jurisdiction of the Regional Director, We cannot but agree with both the Undersecretary of Labor and the Court of Appeals that such assertion is bereft of merit. A perusal of the records will reveal that petitioner corporation's manager Mr. Jae Kwan Lee was served a copy of the Inspection Report and that the same was explained to him on the same day that the said inspection was conducted. As correctly pointed out by the Undersecretary of Labor, by affixing his signature thereon, Mr. Jae Kwan Lee acknowledged receipt of the same and that he has understood its contents. Nevertheless, petitioner failed to object to the findings of the Labor Enforcement Officer. Moreover, petitioner was again given an opportunity to contest such findings when it was summoned by the Office of Chief Labor Enforcement Division to attend the summary investigation on 8 and 22 September 1997, but petitioner failed to attend. It was only after the Regional Director issued an order adjudging petitioner liable to pay private respondents the amount of P1,382,332.80 that it commenced to question the jurisdiction of the Regional Director over the complaints of private respondents. Evidently, petitioner was never denied its right to due process, but rather it chose not to participate in the proceedings until an order unfavorable to its interests was issued.
(b) Notwithstanding the provisions of Articles 129 and 217 of this Code to the contrary, and in cases where the relationship of employer-employee still exists, the Secretary of Labor and Employment or his duly authorized representatives shall have the power to issue compliance orders to give effect to the labor standards provisions of this Code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection. The Secretary or his duly authorized representatives shall issue writs of execution to the appropriate authority for the enforcement of their orders, except in cases where the employer contests the findings of the labor employment and enforcement officer and raises issues supported by documentary proofs which were not considered in the course of inspection.[12]