FIRST DIVISION
[G. R. No. 120077. October 13, 2000]
THE
MANILA HOTEL CORP. AND MANILA HOTEL INTL.
LTD. petitioners,
vs. NATIONAL
LABOR
RELATIONS
COMMISSION, ARBITER CEFERINA J. DIOSANA AND MARCELO
G. SANTOS, respondents.
DECISION
PARDO, J.:
The case before the Court is a petition for certiorari[1] to annul the following orders of
the National Labor Relations Commission (hereinafter referred to as NLRC) for having
been issued without or with excess jurisdiction and with grave abuse of discretion: [2]
(1) Order of May 31, 1993.[3] Reversing and setting aside its earlier resolution of
August 28, 1992.[4] The questioned order declared that the NLRC, not the Philippine
Overseas Employment Administration (hereinafter referred to as POEA), had jurisdiction
over private respondents complaint;
(2) Decision of December 15, 1994.[5] Directing petitioners to jointly and severally
pay private respondent twelve thousand and six hundred dollars (US$12,600.00)
representing salaries for the unexpired portion of his contract; three thousand six
hundred dollars (US$3,600.00) as extra four months salary for the two (2) year period of
his contract, three thousand six hundred dollars (US$3,600.00) as 14th month pay or a
total of nineteen thousand and eight hundred dollars (US$19,800.00) or its peso
equivalent and attorneys fees amounting to ten percent (10%) of the total award; and
(3) Order of March 30, 1995.[6] Denying the motion for reconsideration of the
petitioners.
In May, 1988, private respondent Marcelo Santos (hereinafter referred to as Santos)
was an overseas worker employed as a printer at the Mazoon Printing Press, Sultanate
of Oman. Subsequently, in June 1988, he was directly hired by the Palace Hotel,
Beijing, Peoples Republic of China and later terminated due to retrenchment.
Petitioners are the Manila Hotel Corporation (hereinafter referred to as MHC) and
the Manila Hotel International Company, Limited (hereinafter referred to as MHICL).
When the case was filed in 1990, MHC was still a government-owned and
controlled corporation duly organized and existing under the laws of the Philippines.
MHICL is a corporation duly organized and existing under the laws of Hong
Kong.[7] MHC is an incorporator of MHICL, owning 50% of its capital stock.[8]