Dole V Kentex MFTG
Dole V Kentex MFTG
Dole V Kentex MFTG
FIRST DIVISION
DECISION
PHILIPPINES,
PLAINTIFF-APPELLEE, The Facts
v. BABYLYN
MANANSALA Y CRUZ, Records show that, on May 13, 2015, a fire broke out in
SUSAN GALANG AND the DOLE Caloocan, Malabon, Navotas and Valenzuela
ASSESSOR'S OFFICE
OF ITOGON, THE The DOLE-NCR's Orders
PROVINCIAL
ASSESSOR'S OFFICE In a June 26, 2015 Order,11 the DOLE-NCR rejected the
OF BENGUET, AND aforementioned arguments of Kentex. It declared that
DEPARTMENT OF Kentex could not invoke the COC because this only
ENVIRONMENT AND attested to the findings of the compliance officer at the
NATURAL time of the assessment/inspection, even as Kentex was
RESOURCES, duty-bound to observe continuing compliance with the
RESPONDENTS. labor standards as well as the occupational health and
safety standards. Like the June 8, 2015 Compliance
G.R. No. 232678 - Order of the DOLE-RO III, the DOLE-NCR also found that
ESTEBAN DONATO CJC was a mere labor-only contractor considering that it
REYES, PETITIONER, was unregistered with the DOLE Regional Office where it
v. PEOPLE OF THE
operated.12 The DOLE-NCR likewise found that the
PHILIPPINES,
workers were underpaid,13 and computed the monetary
RESPONDENT.
claims due them. It concluded, thus —
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2/19/2020 G.R. No. 233781 - DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), PETITIONER, v. KENTEX MANUFACTURING CORPORATION …
SUSANO BACALA,
AND BELINDA Anent the particular issue involving Ong, the CA took the
BACALA, view that, as a company officer, he could not be
RESPONDENTS. personally held liable for the debts of Kentex without a
showing of bad faith or wrongdoing on his part for the
G.R. No. 229675 - corporation's unlawful act.20 The CA opined that nothing
PEOPLE OF THE from the DOLE-NCR's June 26, 2015 Order discussed any
PHILIPPINES, act of Ong that showed his involvement in the
APPELLEE, v. JOHN wrongdoing of Kentex. Thus, the dispositive portion of
ORCULLO Y SUSA, the CA judgment stated:
APPELLANT.
FOR THESE REASONS, the Order, dated June
26, 2015, of the DOLE-National Capital
G.R. No. 230923 -
Region in Case No. NCR00-TSSD-1505-OSHI-
BDO UNIBANK, INC.,
PETITIONER, v. 001, is AFFIRMED with the MODIFICATION
that petitioner Ong King Guan is held not
FRANCISCO PUA,
liable for the monetary awards specified in
RESPONDENT.
the Order. The Order, dated June 8, 2015 of
the DOLE-Regional Office No. III, San
G.R. No. 208920 -
Fernando City, Pampanga, in Case No. R003-
JAIME BILAN
MONTEALEGRE AND JA-2015-05-002-6 and the Order/Letter,
dated July 7, 2015, of DOLE-NCR Regional
CHAMON'TE, INC.,
PETITIONERS, v. Director Alex V. Avila, are AFFIRMED.
SPOUSES ABRAHAM
AND REMEDIOS DE SO ORDERED.21
VERA, RESPONDENTS.
Petitioner filed a Motion for Partial Reconsideration22 to
set aside the release or discharge of Ong from liability to
G.R. No. 213760 -
pay the monetary awards. But the CA denied the motion
REYNALDO
SANTIAGO, JR. Y in its August 22, 2017 Resolution.23 Hence, this Petition.
SANTOS, PETITIONER,
v. PEOPLE OF THE The Arguments
PHILIPPINES,
RESPONDENT. Petitioner contends that the CA erred in releasing or
discharging Ong from liability. It argues that, since the
G.R. No. 213198 - June 26, 2015 DOLE-NCR Order had already become
ARREZA, A.K.A. perfected from said order to the DOLE Secretary, the CA
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2/19/2020 G.R. No. 233781 - DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), PETITIONER, v. KENTEX MANUFACTURING CORPORATION …
TOYO," PETITIONER,
v. TETSUSHI TOYO, Respondents Kentex and Ong counter that the CA
LOCAL CIVIL Decision correctly released or discharged Ong from
REGISTRAR OF monetary liability because a corporate officer has a
QUEZON CITY, AND juridical personality entirely separate and distinct from
THE ADMINISTRATOR the corporation. They moreover claim that the DOLE-
AND CIVIL NCR Order was a void judgment because they were
REGISTRAR GENERAL deprived of due process; they assert that they could not
OF THE NATIONAL expect a fair decision if they appealed because the then
STATISTICS OFFICE, DOLE Secretary24 had previously announced that cases
RESPONDENTS. would be filed against Kentex, an announcement that
was clearly designed for media consumption and to gain
G.R No. 231358 - publicity mileage.
PEOPLE OF THE
PHILIPPINES, Our Ruling
PLAINTIFF-APPELLEE,
v. ERNESTO AVELINO, We agree with petitioner.
JR. Y GRACILLIAN,[*]
ACCUSED-APPELLANT. Both the DOLE-NCR and the CA correctly ruled that the
June 26, 2015 Order had already become final and
G.R. No. 206026 - executory in view of the failure of respondents Kentex
JMA AGRICULTURAL and Ong to appeal therefrom to the Secretary of Labor.
DEVELOPMENT Notice ought to be taken of the fact that, at the time the
CORPORATION, DOLE-NCR rendered its ruling, Department Order No.
PETITIONER, v. LAND
131-13 Series of 201325 was the applicable rule of
BANK OF THE
procedure. The pertinent provision states:
PHILIPPINES,
RESPONDENT. Rule 11, Section 1. Appeal. – The
Compliance Order may be appealed to the
G.R. No. 226556 - Office of the Secretary of Labor and
POWER SECTOR Employment by filing a Memorandum of
ASSETS AND Appeal, furnishing the other party with a copy
LIABILITIES of the same, within ten (10) days from
MANAGEMENT receipt thereof. No further motion for
CORPORATION, extension of time shall be entertained.
PETITIONER, v.
COMMISSIONER OF A mere notice of appeal shall not stop the
INTERNAL REVENUE, running of the period within which to file an
RESPONDENT. appeal.
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2/19/2020 G.R. No. 233781 - DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), PETITIONER, v. KENTEX MANUFACTURING CORPORATION …
(DECEASED), DANILO judgments, the DOLE-NCR's June 26, 2015 Order must
be upheld and respected.
ROBLES ALIAS
"TOTO," JOSE ROBLES
(DECEASED), WHEREFORE, the Petition is hereby GRANTED. The
Court of Appeals' Decision dated March 27, 2017 insofar
ACCUSED; EDGAR
ROBLES AND as it holds respondent Ong King Guan not liable for the
WILFREDO ROBLES, monetary awards specified in the June 26, 2015 Order is
hereby REVERSED and SET ASIDE. The June 26, 2015
ACCUSED-
APPELLANTS. Order of the Department of Labor and Employment,
National Capital Region, finding respondent Ong King
Guan solidarily liable to pay the employees named in the
G.R No. 237486 -
PHILCO AERO, INC.,* Order the amount ofPhp1,440,641.39 is hereby
PETITIONER, v. REINSTATED.
DEPARTMENT OF
TRANSPORTATION Costs against respondents.
SECRETARY ARTHUR
P. TUGADE, BASES SO ORDERED.
CONVERSION AND
DEVELOPMENT
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JR., PETITIONER, v.
PHILIPPINE CHARITY
AND SWEEPSTAKES
OFFICE AND
MANOLITO MORATO,
RESPONDENTS.
ANTONIO P. MAGNO,
JR. AND MELCHOR L.
OCAMPO, JR.,
RESPONDENTS.
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UMBAO, BRIGILDA
MORADAS, AND THE
REGIONAL DIRECTOR,
DEPARTMENT OF
ENVIRONMENT AND
NATURAL RESOURCES
VII, PETITIONERS, v.
HEIRS OF RAMON
ABELLO, NAMELY: THE
LATE LOLITA ABELLO
DE SEARES,
REPRESENTED BY HER
HEIRS: ROSARIO A.
JIMENEZ,
CANDELARIA A. CHAN
LIM, RAFAEL ABELLO
AND HEIDE ABELLO
CABALUNA, AND THE
LATE EDUARDO
ABELLO,
REPRESENTED BY HIS
HEIRS SANDRA S.
ABELLO AND IAN
GERARD S. ABELLO,
RESPONDENTS.[G.R.
No. 193032] HEIRS
OF RAMON ABELLO,
NAMELY: THE LATE
LOLITA ABELLO DE
SEARES,
REPRESENTED BY HER
HEIRS: ROSARIO A.
JIMENEZ,
CANDELARIA A. CHAN
LIM, RAFAEL ABELLO
AND HEIDE ABELLO
CABALUNA, AND THE
LATE EDUARDO
ABELLO,
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REPRESENTED BY HIS
HEIRS SANDRA S.
ABELLO AND IAN
GERARD S. ABELLO,
PETITIONERS, v.
VENUS BATAYOLA
BAGUIO, JUPITER
BATAYOLA, MANUEL
BATAYOLA, JR.,
ISABELO BATAYOLA,
RAMILO BATAYOLA,
RAUL BATAYOLA,
LEONARDO
BATAYOLA, MILAGROS
BATAYOLA, JULIETA
BATAYOLA
CANTILLAS,
ENRIQUETA
BATAYOLA
ROSACENA,
FELICIANO
BATAYOLA,
ONESEFERO PACINA,
VERONICA
FERNANDEZ
BATAYOLA, LUCIO
HUBAHIB, VICENTA
REVILLA, PERLA
UMBAO, BRIGILDA
MORADAS, AND THE
REGIONAL DIRECTOR,
DEPARTMENT OF
ENVIRONMENT AND
NATURAL RESOURCES
VII, RESPONDENTS.
PLAINTIFF-APPELLEE,
v. ZZZ, ACCUSED-
APPELLANT.
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ALEGAR
CORPORATION,
BENITO LEGARDA,
JR., PECHATEN
CORPORATION,
ESTATE OF ROSARIO
M. LLORA, AND ALL
PERSONS CLAIMING
INTERESTS AGAINST
THEM,
RESPONDENTS.
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2/19/2020 G.R. No. 233781 - DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), PETITIONER, v. KENTEX MANUFACTURING CORPORATION …
MARIA TOLENTINO,
RESPONDENT.
No. P-19-3986
(Formerly OCA I.P.I.
No. 13-4199-P)]
ANONYMOUS,
COMPLAINANT, v.
PRECIOUSA C.
MACAPUSO, SOCIAL
WELFARE OFFICER II,
OFFICE OF THE CLERK
OF COURT, REGIONAL
TRIAL COURT, MAKATI
CITY, RESPONDENT.
COMMODITIES,
INC.** AND TLL
REALTY AND
MANAGEMENT
CORPORATION,
RESPONDENTS.
No. 233078]
NATIONAL HOUSING
AUTHORITY,
PETITIONER, v. DR.
PAULO C. CAMPOS,
SUBSTITUTED BY HIS
CHILDREN JOSE
PAULO CAMPOS,
PAULO CAMPOS, JR.,
AND ENRIQUE
CAMPOS,
RESPONDENTS.
PETITIONERS, v.
MITSUI O.S.K. LINES
DIAMOND CAMELLA,
S.A., RESPONDENT.
VICTORIA
MANUFACTURING
CORPORATION,
RESPONDENT.
INC. AND/OR
JOSELITO CAPAQUE,
RESPONDENTS.
BENEFICIARIES
BELONGING TO THE
SAMAHANG
MAGBUBUKID NG
BAGUMBONG,
JALAJALA,[*] RIZAL,
[**] REPRESENTED BY
THEIR PRESIDENT,
TORIBIO M.
MALABANAN,
PETITIONERS, v.
HEIRS OF JULIANA
MARONILLA,
REPRESENTED BY
ATTY. RAMON M.
MARONILLA,
RESPONDENTS.
PETITIONER, v. CIVIL
SERVICE
COMMISSION AND
THE OFFICE OF THE
SOLICITOR GENERAL,
RESPONDENTS.
PRESIDING JUDGE,
REGIONAL TRIAL
COURT OF CEBU CITY
BRANCH 13, PEOPLE
OF THE PHILIPPINES,
S/SUPT BENJAMIN
DELOS SANTOS
(RET.), IN HIS
CAPACITY AS CHIEF
OF BUREAU OF
CORRECTIONS,
RESPONDENTS.
TAPULAO,** MARIETA
TAPULAO-REYES,
LINDA TAPULAO-
RAMIREZ, AND
JOSEFINA TAPULAO-
DACANAY,
REPRESENTED BY
ATTORNEY-IN-FACT
JOSEFINA TAPULAO-
DACANAY,
RESPONDENTS.
COMPLAINANTS, v.
ATTY. EDILBERTO P.
BASSIG,
RESPONDENT.
PHILIPPINES,
PLAINTIFF-APPELLEE,
v. JEFFREY SANTIAGO
Y MAGTULOY,
ACCUSED-APPELLANT.
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PHILIPPINES,
RESPONDENT.
AURORA TATAC, ET
AL.).
ERLINDA S. TAN,
PETITIONERS, v.
UNITED COCONUT
PLANTERS BANK,
RESPONDENT.
VALDES, ALEXANDRA
P. ROMUALDEZ,
TERESA R. TAN,
JAVIER VICENTE
RUFINO, CARLO D.
RUFINO, LUIS CARLO
R. LAUREL, MA.
ASUNCION L.
UICHICO, MA. PAZ
FARAH L. IMPERIAL,
MA. ISABEL L.
BARANDIARAN,
ALFREDO PARUNGAO,
AND ALOYSIUS B.
COLAYCO,
PETITIONERS, v.
ASCENDAS
(PHILIPPINES)
CORPORATION,
RESPONDENT.
ASSURANCE
CORPORATION,
MILESTONE
GUARANTY &
ASSURANCE
CORPORATION, R&B
INSURANCE
CORPORATION,
INDUSTRIAL
INSURANCE COMPANY
INCORPORATED,
PHILIPPINE PHOENIX
SURETY & INSURANCE
INCORPORATED,
MERCANTILE
INSURANCE COMPANY
INCORPORATED,
GREAT DOMESTIC
INSURANCE COMPANY
OF THE PHILIPPINES,
INCORPORATED, AND
INSURANCE OF THE
PHILIPPINE ISLANDS
COMPANY
INCORPORATED,
RESPONDENTS.
REPRESENTED BY
HONORABLE
CONCHITA CARPIO-
MORALES, IN HER
OFFICIAL CAPACITY
AS TANODBAYAN,
HONORABLE
RODOLFO M. ELMAN,
IN HIS OFFICIAL
CAPACITY AS DEPUTY
OMBUDSMAN FOR
MINDANAO,
HONORABLE HILDE C.
DELA CRUZ-LIKIT, IN
HER OFFICIAL
CAPACITIES AS
GRAFT
INVESTIGATION AND
PROSECUTION
OFFICER III AND
OFFICER-IN-CHARGE,
EVALUATION AND
INVESTIGATION
BUREAU-A, OFFICE OF
THE OMBUDSMAN-
MINDANAO, AND
HONORABLE JAY M.
VISTO, IN HIS
OFFICIAL CAPACITY
AS GRAFT
INVESTIGATION AND
PROSECUTION
OFFICER II, AND
ROBERTO R. GALON,
RESPONDENTS.
OMBUDSMAN,
PETITIONER, v.
ANGELINE A. ROJAS,
RESPONDENT.; G.R.
NOS. 209296-97 -
JOSE PEPITO M.
AMORES, M.D.,
PETITIONER, v.
ANGELINE A. ROJAS
AND ALBILIO C.
CANO,
RESPONDENTS.
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PHILIPPINES,
PLAINTIFF-APPELLEE,
v. ELEVER JAEN Y
MORANTE, ACCUSED-
APPELLANT.
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