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Pamplona Plantation Company vs. Ramon AcostaG.R. No. 153193, December 6, 2006(Labor Law, Liability of Corporation Officers)FACTSThis stems from a case before the Labor Arbiter for underpayment, overtime pay, premium pay for rest day and holiday, service incentive leave pay, damages, attorney’s fees, and 13th month pay. The complainants claimed that they were regular rank and file employees of petitioner Pamplona Plantation Co., Inc. with different hiring periods, work designations, and salary rates.Petitioner, however, denied this, alleging that some of the complainants are seasonal employees, some are contractors, others were hired under the pakyaw system, while the rest were hired by the Pamplona Plantation Leisure Corporation, which has a separate and distinct entity from it.The Labor Arbiter (LA) held petitioner and Pamplona Plantation’s manager, Jose Luis Bondoc, liable for underpayment as complainants were regular employees of petitioner. They were also held guilty of illegal dismissal with regard to two complainants.The NLRC reversed the LA’s decision, dismissing all the complaints, finding that the complaint should have been directed against the Pamplona Plantation Leisure Corporation since complainants’ individual affidavits contained the allegations that their tasks pertained to their work “in the golf course.”The Court of Appeals (CA) set aside the NLRC’s dismissal and reinstated the LA’s Decision with modification.ISSUES1) Whether or not Pamplona Plantation is liable for the wage differentials of the worker-respondents who themselves admitted in their affidavits that their employer was another entity – Pamplona Plantation Leisure Corporation?2) Whether or not Pamplona Plantation’s manager is personally liable for the money claims awarded to the workers?RULINGPetition PARTIALLY GRANTED.For the purpose of resolving the workers’ claims, Pamplona Plantation and Pamplona Leisure are hereby deemed one and the same entity. The CA is MODIFIED in that the manager of Pamplona Plantation is absolved of any personal liability as regards the money claims awarded to respondents.In all other respects, the Decision is AFFIRMED.Petitioner is estopped from denying that respondents worked for it. It never raised this defense in the proceedings before the Labor Arbiter. Notably, the defense it raised pertained to the nature of respondents’ employment, i.e., whether they are seasonal employees, contractors, or worked under the pakyaw system. Thus, in its Position Paper, petitioner alleged that some of the respondents are coconut filers and copra hookers or sakadors; some are seasonal employees who worked as scoopers or lugiteros; some are contractors; and some worked under the pakyaw system. In support of these allegations, petitioner even presented the company’s payroll.By setting forth these defenses, petitioner, in effect, admitted that respondents worked for it, albeit in different capacities. Such allegations are negative pregnants – denials pregnant with the admission of the substantial facts in the pleading responded to which are not squarely denied, and amounts to an acknowledgement that respondents were indeed employed by petitioner.Reiterating Pamplona Plantation Company, Inc. v. Tinghil, the Court holds that by piercing the veil of corporate fiction, the two corporations – the Pamplona Plantation Corporation, Inc. and the Pamplona Plantation Leisure Corporation – are one and the same. An examination of the facts reveals that, for both the coconut plantation and the golf course, there is only one management which the laborers deal with regarding their work. A portion of the plantation (also called Hacienda Pamplona) had actually been converted into a golf course and other recreational facilities. The weekly payrolls issued by petitioner-company bore the name “Pamplona Plantation Co., Inc.”It is also a fact that respondents all received their pay from thTRANSCRIPT
Definition: Sociolinguistics is the study of language in relation to society. It studies how
social factors influence the structure and use of language Sociolinguistics is the study of language in relation to society. Sociolinguistics attempt to find correlations between linguistic structure and
social structure.
Language Varieties Language variety refers to the various forms of language triggered by social
factors. Language may changes from region to region, from one social class to another,
from individual to individual, and from situation to situation. This actual changes result in the varieties of language.
Language varieties cover: Standard language Dialects Registers Pidgins Creoles
Standard languageFor social political reasons, a variety of language may be officially elevated as the national language, such a language variety is called standard language. In China, putonghua is respected as the standard language; in Britain, the Received Pronunciation (RP) the SL, and in USA, Standard American English (SAE) the SL.
Nature of SLIt is so called standard literally, but just as what the definition suggests, it is a variety of language, so it is also termed as standard variety /dialect.
Linguistically, SL has no prestigious or dominant status; nothing special with it. When socially interfered, a variety of lge has the luck to rise to be SL.
DialectsA variety of a language used recognizably in a specific region or by a specific social class is called a dialect.
The study of dialect is called dialectology.
Dialect and accent: language and pronunciation and vocabulary.
Dialects are categorized into 4 types1. Regional / geographical dialects: varieties of a language spoken in a
geographical area.
2. Temporal dialects: varieties of a language used at particular stages in its historical development.
3. Social dialects/sociolects: varieties of a language used by people belonging to particular social classes.
4. Idiolects: varieties of a language used by individual speakers, with peculiarities of pronunciation, grammar and vocabulary
There are 8 general regional dialects. Speech community: a group of people sharing one given language or
dialect.
It ranges from a country to an individual.
Sociolects, related to formality of speech, are catergorized as high and low sociolect.
The formal speech is higher sociolect and the informal lower sociolect.
Registers Registers are varieties of language used in different situations, which are
identified by the degrees of formality. The addresses on the NPC is a formal register; a talk between friends is an
informal register. The intentional mixture of different registers arouses conversational
implicatures. Registers can vary from vocabulary, phonology, grammar to semantics.
The register theory by Halliday:Register is determined by 3 factors field of discourse: what is being discussed mode of discourse: oral or written tenor of discourse: relation between participants. The 3 variables determine the features of language fit with the situation. When fitted, the right register turns up.
Pidgins and creoles
Pidgin: a mixed lge with a small vocabulary and a simple grammar used by speakers of two lges to communicate. So it is also called contact language.
Two features of pidgin lges:
1. A pidgin has no native speakers.
2. It is a simplified lge with reduced vocabulary and grammar.
e.g. Long time no see.
Creole:
When a pidgin begins to acquire native speakers who use it as their primary lge, the pidgin turns to be a creole.
The process by which a pidgin develops is called pidginization; the process by which a pidgin becomes a creole is called creolization.
Black slaves speaking African dialects communicated with the people speaking French or English in the plantations in the South America. The linguistic means of communication is called a pidgin. Pidginization happens there, and later the pidginization is widely accepted, then creolization happens. That is the Haitian Creole.