Synopsis/Syllabi SECOND DIVISION [G.R. No. 129418. September 10, 1999] RODRIGO G. HABANA, petitioner vs. NATIONAL LABOR RELATIONS COMMISSION, OMANFIL INTERNATIONAL MANPOWER DEVELOPMENT CORPORATION, and HYUNDAI ENGINEERING COMPANY, LIMITED, respondents. DECISION BELLOSILLO, J.: Petitioner Rodrigo G. Habana was hired in January 1995 by private respondent Omanfil International Manpower Development Corporation (OMANFIL) to work for its foreign principal, respondent Hyundai Engineering Company, Ltd. (HYUNDAI), in Sabia, Kuwait. His employment contract was good for two (2) years commencing upon his arrival at his work station on 29 January 1995. However on 6 February 1996, after only one (1) year, HYUNDAI issued a Resignation Notice terminating Habanas employment. Habana was forced to return to the Philippines and, together with one Adjuthor P. De Guzman, another dismissed employee, filed a complaint for illegal dismissal against OMANFIL and HYUNDAI. Summons dated 28 March 1996 was served on private respondents requiring them to file their answer within ten (10) days from receipt thereof. On 10 April 1996, two (2) days beyond the period set in the summons, OMANFIL and HYUNDAI filed a Motion for Bill of Particulars instead of an answer. It alleged that the NLRC pro-forma complaint sheet filled up by Habana and De Guzman lacked the required narration of facts constituting the causes of action and other relevant information as to enable private respondents to prepare an intelligent and responsive pleading to the charges and/or money claims of Habana and De Guzman.i[1] For their part, Habana and De Guzman moved to declare private respondents in default for failure to submit their answer as ordered. Private respondents opposed the motion and reiterated that Habana and De Guzman should file their bill of particulars. The latter however insisted that the Labor Arbiter should first resolve their motion before the case could proceed. Later, the parties agreed to submit their respective motions for the consideration of the Labor Arbiter.ii[2] On 11 June 1996, without waiting for the resolution of the pending motions, complainants filed their bill of particulars which they adopted at the same time as their position paper. OMANFIL and HYUNDAI were furnished a copy thereof by registered mail on the same day. Then on 5 July 1996, the Labor Arbiter rendered a decision in favor of Habana and De Guzman holding that x x x x to the date of this decision, respondents have not submitted their answer/position paper. Thus, on motion of complainants, we proceeded to resolve the present case on the basis of