359 Phil. 114
PUNO, J.:
"Perusing the unrefuted copy of the POEA decision attached as Annex "1" to respondents' Reply dated August 14, 1995, it appears that in justifying his decision, the Administrator held:On January 17, 1996, petitioners filed a motion for reconsideration. In an Order[4] dated January 30, 1996, the respondent NLRC denied petitioners' motion.
From the foregoing factual backdrop, the issues for resolution in the instant case are:
1. Whether or not complainants had been underpaid of their compensation; and
2. Whether or not complainants are amply covered by insurance.
Anent the first issue, we find in the negative. After comparison of the Summary of Claims of the Complainants and Table 2 of the Respondents (Average Monthly Salary of Complainants vs. Statutorily Mandated Basic Salary and Benefits), we arrived at the conclusion that the alleged underpayments represent the difference between the amounts under Column E (Actual Pay on Board) and the amounts under Column D (total of basic salary + overtime pay & premium pay + 13th month pay & vacation pay). To illustrate, we take the case of complainant Agga who has a basic salary of US$900, overtime/premium pay of US$973.71 and 13th month/vacation pay of US$150 totalling US$2,023.71. The latter amount represents the statutorily mandated basic salary and benefits of complainant Agga. He received his actual pay on board in the sum of US$1,500. Thus, US$2,023.71 minus US$1,500 equals US$523.71. The latter amount is what now complainant Agga claims as underpayment and for a period of two months, his total claim is US$1,047.42.
We note that in arriving at the alleged underpayment, complainant Agga totally disregarded his day-off pay or pay while on leave under Column F in the amount of US$750. Thus, with his pay on board of US$1,500 plus his day-off pay of US$750, complainant Agga received an average monthly salary of US$2,250 which is a bit higher than his statutorily mandated salary and benefit of US$2,027.71 in the amount of US$222.29. The aforesaid formula applies to all the complainants. Thus, we see no case of underpayment at bar.
The claim for underpayments of the complainants is premised on their wrong interpretation of the salary memoranda issued to them individually wherein they insist that vacation leave pay and days-off pay are additional fringe benefits which should not affect payment of items 1 to 5 therein and to which we disagree.
The vacation leave pay is different from 'days-off pay.' Complainants' vacation pay is accounted under Column C denominated as 13th month pay but also for a vacation pay of one month which is clearly indicated by the prescribed formula, i.e. 'Basic Salary (A) x .167. The product over a period of twelve months results in two months basic pay as (0.167 x 12 = 2.004). The two months therefore corresponds to the 13th month pay and the one month vacation leave pay. It is therefore erroneous for complainants to contend that the vacation leave pay is a distinct benefit when in truth and in fact the same has been duly considered in the computation of their statutorily mandated compensation under the column of 13th month pay.
While the days-off pay constitutes complainants' salary in the same way as their lumpsum pay while on board the oil rig, therefore complainants should not compare the amounts under column D (Total of A + B + C) with the amounts under Column E (Actual Pay while on Board) only but with the amounts under column 'E' and 'F' (pay while on board or days-off pay) which sum is listed under column G (Average Monthly Salary over a 12-Month Period). The days-off pay is paid to the complainants even though they are not working and should therefore be considered in the computation of their total compensation.
xxx xxx xxx
With respect to the second issue, we rule in the affirmative. The evidence on record shows that complainants were provided with insurance coverage superior to that mandated by law. Complainants are insured under two Blue Cross Insurance Policies, i.e. the Disability Income Insurance (Policy No. ID00128, GP-01) and a Worldwide Executive Health Plan (Policy No. W003323 GP7-01). Under the disability income insurance, should the employee get sick or injured, he is entitled to a monthly indemnity of US$200. While under the Worldwide Executive Health Plan, the benefits to which the insured workers are entitled are enumerated in the Table of Insured Benefits. The Personal Accident Plan Benefits to which the complainants are entitled are as follows:
BENEFITS PER PERSON
1. Death US$15,000
2. Permanent total loss of sight of both eyes US$15,000
3. Permanent total loss of sight of one eye US$ 7,500
4. Loss of two limbs US$15,000
5. Loss of one limb US$ 7,500
6. Permanent total loss of sight of one eye and loss of one limb US$15,000
7. Permanent total disablement US$15,000
(other than loss of sight of one eye or both eyes or loss of limb)
Verily, the benefits provided therein are far greater than mandated by law which is P50,000.00 for death due to accident.
In an appeal dated February 26, 1993, the complainants questioned the aforesaid decision. They, however, limited their appeal to claims for additional vacation pay and insurance coverage.
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(I)t then follows that to the extent that the POEA has concluded that there is "no case of underpayment at bar," the same has to be bindingly observed by us vis-a-vis complainants' submitted issue in their draft decision of "(2) whether or not there had been underpayments as claimed by appellants under the provisions of PD 442."
Moreover, on June 13, 1995, the Second Division of this Commission dismissed complainants' appeal "for lack of merit." At the end of its extended resolution, the Commission concluded that the complainants failed "to show in a satisfactory manner the facts upon which" they based their claims.
xxx xxx xxx
This thus disposes the third and fourth issues advanced by complainants for our resolution in their earlier mentioned draft resolution.
xxx xxx xxx
Even the first issue submitted to us for our resolution (which, in their draft resolution, has been defined by complainants as "whether or not the lumpsum mode of payment of appellants' monthly salary is legal") was, for all legal intents and purposes, already resolved in that other case for inherently submitted for the resolution of the POEA and the Second Division of this Commission in that other case was the question of whether or not the "fixed salary" mode of payment stipulated in the parties' contract was valid. The POEA Administrator could not have concluded that "we see no case of underpayment at bar" if, in his opinion, the parties' "fixed salary" mode of compensation was illegal, aware that such declaration of nullity was precisely the end-goal of complainants' complaint.
Similarly, the NLRC Second Division would not have dismissed complainants' appeal if it were of the view, as argued by complainants, that respondent SOS' lumpsum mode of payment was illegal.
Indeed, our resolving said first issue anew would amount to a duplicitous exercise of appellate jurisdiction."[3]
Hence, this petition for certiorari[5] raising the following issues:Anent the first issue, petitioners contend that the lumpsum mode of payment of salaries is illegal, citing Articles 5 and 6 of the New Civil Code, Articles 86, 87, 90, 93 and 94 of PD 442 and Book V, Rule II, Section 2(a) of the 1991 POEA Rules."I
WHETHER OR NOT RESPONDENT NLRC ACTED WITHOUT OR IN EXCESS OF JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN NOT DECLARING THAT THE LUMPSUM MODE OF PAYMENT OF PETITIONERS' MONTHLY SALARIES BY PRIVATE RESPONDENTS IS ILLEGALII
WHETHER OR NOT RESPONDENT NLRC ACTED WITHOUT OR IN EXCESS OF JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN NOT ORDERING PRIVATE RESPONDENTS, JOINTLY AND SEVERALLY, TO PAY THE ADMITTED UNDERPAYMENTS AS SHOWN BY PRIVATE RESPONDENTS' COMPUTATION AND BASED ON PETITIONERS' REGULAR WAGES AND LEGAL FORMULAS FOR COMPUTING OVERTIME PAY, HOLIDAY/REST DAY PAY, 13TH MONTH PAY AND NIGHT SHIFT DIFFERENTIALSIII
WHETHER OR NOT RESPONDENT NLRC ACTED WITHOUT OR IN EXCESS OF JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN NOT DECLARING THE DAYS-OFF PAY AS BONUS AND NOT PART OF PETITIONERS' SALARIES WHICH COULD NOT OFFSET THE ADMITTED UNDERPAYMENTSIV
WHETHER OR NOT RESPONDENT NLRC ACTED WITHOUT OR IN EXCESS OF JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN NOT ORDERING THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) TO COMPLY WITH ITS MANDATED DUTY TO SET UP STANDARD EMPLOYMENT CONTRACT AND GUIDING RATES FOR OILRIG WORKERS LIKE PETITIONERSV
WHETHER OR NOT RESPONDENT NLRC ACTED WITHOUT OR IN EXCESS OF JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN NOT DECLARING THAT PRIVATE RESPONDENTS FAILED TO COMPLY WITH THE LEGAL REQUIREMENT OF MANDATORY PERSONAL INSURANCE PROVIDED IN THE POEA RULES AND REGULATIONS AND IN ALLOWING PRIVATE RESPONDENTS TO INSURE PETITIONERS WITH A FOREIGN INSURANCE COMPANY ILLEGALLY DOING BUSINESS IN THE PHILIPPINESVI
WHETHER OR NOT RESPONDENT NLRC ACTED WITHOUT OR IN EXCESS OF JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN NOT PENALIZING PRIVATE RESPONDENT SUPPLY OILFIELD SERVICES, INC. BY WAY OF SUSPENSION OR CANCELLATION OF ITS LICENSE AS SERVICE CONTRACTOR DESPITE ITS ADMISSION THAT IT ORDERS PETITIONERS AND OTHER OILRIG WORKERS TO ALTER TRAVEL DOCUMENTS BY USING TWO (2) PASSPORTS (OCW AND SEAMAN'S BOOK) DURING THEIR EMPLOYMENTVII
WHETHER OR NOT RESPONDENT NLRC ACTED WITHOUT OR IN EXCESS OF JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN NOT AWARDING DAMAGES AND ATTORNEY'S FEES TO PETITIONERSVIII
WHETHER OR NOT RESPONDENT NLRC ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN DECLARING HEREIN THAT THE ISSUE OF ILLEGALITY OF THE LUMPSUM MODE OF PAYMENT OF SALARIES HAD BEEN RESOLVED IN NLRC CASE NO. 004779-93 CONSIDERING THAT IN THE LATTER CASE THE ISSUE IS LIMITED TO UNDERPAYMENT OF DAYS-OFF PAY AND THE NLRC DID NOT RESOLVE THE ISSUES POSITED HEREIN."[6]
We affirm.
"With Section 1, Rule V, Book VII of the POEA Rules dated May 31, 1991 (issued pursuant to E.O. 247) providing that `(D)ecisions and/or awards of the Administration shall be final and executory unless appealed to the National Labor Relations Commission (NLRC) by any or both parties,' it then follows that to the extent that the POEA has concluded that there is 'no case of underpayment at bar,' the same has to be bindingly observed by us vis-a-vis complainants' submitted issue in their draft decision of "(2) whether or not there had been underpayments as claimed by appellants under the provisions of P.D. 442."[7]The fourth issue deserves scant consideration. The matter of ordering the NLRC to compel the POEA to set up standard employment contract and guiding rates for oilrig workers is beyond the jurisdiction of this Court.