baron et al vs. nlrc.docx

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Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 182299 February 22, 2010 WILFREDO M. BARON, BARRY ANTHONY BARON, RAMIL CAYAGO, DOMINADOR GEMINO, ARISTEO PUZON, BERNARD MANGSAT, MARIFE BALLESCA, CYNTHIA JUNATAS, LOURDES RABAGO, JEFFERSON DELA ROSA and JOMAR M. DELA ROSA, Petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and MAGIC SALES, INC. represented by JOSE Y. SY, Respondents. D E C I S I O N VILLARAMA, JR., J.: The present petition for review on certiorari seeks to annul the Decision 1 dated August 31, 2007, as well as the Resolution 2 dated March 6, 2008, of the Court of Appeals in CA-G.R. SP No. 78925, which affirmed the Decision 3 of the National Labor Relations Commission (NLRC) in NLRC-NCR CA No. 028180-01. Respondent Magic Sales, Inc. (MSI) is a domestic corporation engaged in the business of trading consumer goods such as soap, biscuits, candy, coffee, and juice drinks, among other things, 4 while respondent Jose Y. Sy is the company’s President and General Manager. 5 On the other hand, petitioners claim to be employees of MSI. 6 It appears that on January 18, 2000, Sy ordered an inventory of the company’s stock after noticing a steady increase in the company’s payables and a decline in its investments. Mr. Jovencio A. Daroya, a Certified Public Accountant and the Corporate Finance Manager of MSI, was tasked to conduct a thorough audit of the company’s business. Sy then informed petitioner Wilfredo Baron that he had to be temporarily relieved of some of his

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Republic of the PhilippinesSUPREME COURTManilaFIRST DIVISIONG.R. No. 182299 February 22, 2010WILFREDO M. !RON, !RR" !NT#ON" !RON, R!MIL C!"!GO, DOMIN!DOR GEMINO, !RISTEO PU$ON, ERN!RD M!NGS!T, M!RIFE !LLESC!, C"NT#I! %UN!T!S, LOURDES R!!GO, %EFFERSON DEL! ROS! a&' %OM!R M. DEL! ROS!, Petitioners, vs.N!TION!L L!OR REL!TIONS COMMISSION a&' M!GIC S!LES, INC. re(re)e&*e' by %OSE ". S", Respondents.D! I S I O N+ILL!R!M!, %R., J.:The present petition for revie" on certiorari see#s to annul the Decision$ dated %u&ust '$, ())*, as "ell as the Resolution( dated March +, ()),, of the !ourt of %ppeals in !%-..R. SP No. *,/(0, "hich affir1ed the Decision' of the National 2abor Relations !o11ission 3N2R!4 in N2R!-N!R !% No. )(,$,)-)$.Respondent Ma&ic Sales, Inc. 3MSI4 is a do1estic corporation en&a&ed in the business of tradin&consu1er &oods such as soap, biscuits, cand5, coffee, and 6uice drin#s, a1on& other thin&s,7 "hile respondent 8ose 9. S5 is the co1pan5:s President and .eneral Mana&er.0 On the other hand, petitioners clai1 to be e1plo5ees of MSI.+ It appears that on 8anuar5 $,, ())), S5 ordered an inventor5 of the co1pan5:s stoc# after noticin& a stead5 increase in the co1pan5:s pa5ables and a decline in its invest1ents. Mr. 8ovencio %. Daro5a, a !ertified Public %ccountant and the !orporate Finance Mana&er of MSI, "as tas#ed to conduct a thorou&h audit of the co1pan5:s business. S5 then infor1ed petitioner ;ilfredo plain and refute the char&es, the5 neither rebutted the sa1e nor attended the investi&ation. Aence, MSI decided to ter1inate their services.$$Petitioners forth"ith filed co1plaints$( "ith the N2R! %rbitration