561 Phil. 570
CARPIO MORALES, J.:
Invoking this immediately-quoted provision of the CBA, Ausejo, through respondent, requested petitioner to give him another salary increase of P1,150 for 1996.[9]ARTICLE VII
SALARIES AND WAGES
Section 1. ANNUAL INCREASE. The COMPANY shall continue to grant an annual increase to all supervisors as follows:1st year (1996) * * * * * * * * * * * * * P1,150.00
2nd year (1997)* * * * * * * * * * * * * 1,050.00
3rd year (1998) * * * * * * * * * * * * * 950.00
The abovementioned salary increase shall retroact to January 01, 1996.[8] (Emphasis in the original; underscoring supplied)
. . . [T]his issue has to be resolved in the total perspective --- that the mandated increase of P1,150.00 for 1996 was already factored in the adoption of the Salary Scaling Program which took effect on November 01, 1996. In support of this claim, [petitioner], through [c]ounsel, submitted the Affidavit of Angelita L. Calpito (Annex "3"), the Company's Financial Controller, which provided:Addressing the issue of prescription, the Voluntary Arbitrator held:"5. That in accordance with the Salary Scaling Program, the salaries of the employees occupying the above positions were amended effective 1st November 1996 to PhP12,800.00 per month which is the starting salary rate for all positions with S-3 job classification."The "above position[s]" referred to were the Cost/Budget Officer, Loss Control Officer, General Stores Supervisors - all classified on the S-3 level.
To buttress the position of the Company that the P1,150.00 salary increase for 1996 was factored in the Salary Scaling Program of November 01, 1996, the Affidavit of Reynaldo E. Leonor, Human Resource Officer of the Company, was also submitted as Annex "4" of the Position Paper. x x xx x x x
In view of the fact that the mandated increase of P1,150.00 for 1996 in the Salary Scaling Program of the Company was integrated or factored when he assumed the post of Stores Supervisor with a starting salary of P12,800.00 - an increase of P4,150.00 from his base pay of P8,650.00 prior to his promotion - to grant the claim of [Ausejo]] would result in two increases of P1,150.00 for 1996 - a situation not envisaged or allowed in the CBA and not consistent with the demands of truth and equity.[12] (Emphasis and underscoring supplied)
The issue of prescription of the cause of action would not be material and relevant since it involves the interpretation and application of the current CBA which is still in operation till November 18, 2001. Furthermore, issues of this nature should be resolved on the merits and not on technicalities in the interest of promoting and maintaining sound labor-management relations.[13] (Underscoring supplied)By Decision of February 28, 2001,[14] the Voluntary Arbitrator denied respondent's claim.
Firstly, it is hard to believe that, considering the closeness in the time between the implementation of the Salary Scaling Program and the execution of the CBA - a difference of eighteen days - the negotiating panel of the Union would not have known the rather substantial benefits and advantages accruing to the Supervisors under the Salary Scaling Program. Thus, Elmar C. Caluscusan, already a Supervisor in 1995, and receiving a basic salary of [P]9,085.00, received under the CBA retroactively the P1,150.00 mandated increase as Supervisor for a total of P10,235.00 This was again increased under the salary Scaling Program on November 1, 1996 to P12,800.00 for a total increase of P2,565.00. On the other hand, Complainant Edgar S. Ausejo was receiving as rank and file employee P8,150.00 in 1995 plus the mandated increase of P500.00 in 1996 for a total of P8,650.00 This was his basic pay until his appointment as Stores Supervisor when, like Caluscusan, his basic pay was also raised to P12,800.00 which meant an increase of P4,150.00 upon his appointment. Under such circumstances, there was no need to mention or embody in his appointment by management that the mandated increase P1,150.00 for 1996 was already integrated in his basic pay of P12,800.00. Surely, the figures speak louder than words!Respondent thus filed a Petition for Review[17] under Rule 43 before the Court of Appeals.
Secondly, the purpose of the Salary Scaling Program was intended to structure the salary scales of the employees on the basis of fairness and reasonable classification of jobs. There is every reason to uphold the Program, and, to uphold the claim of Ausejo that he is entitled to the P1,150.00 mandated increase for 1996 upon his appointment on November 1, 1996 would clearly be a deviation of the scale of P12,800.00 for all positions with S-3 job classification. . . . To add P1,150.00 more to the basic pay of Ausejo upon his appointment to the S-3 level would lead to an increase of P5,300.00 - that would automatically increase his basic pay to P13,950.00 as of November 01, 1996 and leave behind his S-3 colleagues who have already achieved previously the status as Supervisors. This would then be a case of wage distortion![16] (Emphasis and underscoring supplied)
WHEREFORE, finding merit in the present petition, the same is hereby GRANTED and the assailed judgments REVERSED AND SET ASIDE. Accordingly D[yno] Nobel Philippines is hereby declared liable to pay Mr. Edgar S. Ausejo, represented by herein petitioner, his mandated salary increase in the amount of One Thousand One Hundred Fifty Pesos (P1,150.00) effective November 1, 1996. (Emphasis in the original)Petitioner's Motion for Reconsideration having been denied, the present petition for review was filed faulting the appellate court for
. . . COMMITT[ING] SERIOUS ERROR IN LAW AND IN ITS FINDINGS OF FACTS IN GIVING THE COLLECTIVE BARGAINING AGREEMENT AN APPLICATION THAT CAUSES WAGE DISPARITY AND INEQUITY[;]The petition is impressed with merit.
COMMITT[ING] GRAVE ERROR IN GIVING ABSOLUTE REALIANCE [SIC] TO THE COLLECTIVE BARGAINING AGREEMENT WHILE DISREGARDING THE FACTS AND FIGURES ATTENDANT TO THE PRESENT CONTROVERSY[;] [AND]
IN FAILING TO RULE THAT RESPONDENT'S CLAIM HAD ALREADY PRESCRIBED.[21]
If Ausejo were still to receive an additional P1,150 following the CBA forged on November 19, 1996, then his salary as General Stores Supervisor would have been P13,950, whereas his fellow supervisors who were senior to him were receiving only P12,800.
Name Position Previous Salary Salary Increase New Salary Elmar Caluscusan Cost/Budget Officer [P]10,235.00 [P]2,565.00 [P]12,800.00 Edgar Ausejo Gen. Stores Supervisor 8,650.00 4,150.00 12,800.00 Lowell Anfone Loss Control Officer 10,950.00 1,850.00 12,800.00 (Emphasis supplied)