[27]
Ibid., pp. 79-80.
[28]
Rollo, pp. 51-62.
[29]
Rollo, pp. 49-50.
[30]
Filed on May 22, 1995, Rollo, pp. 2-48. On October 7, 1997, we resolved to give due course to the
petition (Rollo, p. 217). Petitioners filed their memorandum on December 1, 1997. The petition involves
pure questions of law; thus, we except this case from the ruling in San Martin Funeral Homes vs. NLRC,
295 SCRA 494 [1998].Rather than refer the case to the Court of Appeals, whose decision would be
appealable to the Supreme Court, our ruling would finally put an end to the litigation.
[31]
Rollo, pp. 127-133.
[32]
Rollo, p. 140.
[33]
Rollo, pp. 148-149.
[34]
Rollo, pp. 156.
[35]
Rollo, p. 157.
[36]
Rollo, p. 82.
[37]
Communication Materials and Design, Inc. v. Court of Appeals, 260 SCRA 673, 695 (1996).
[38]
Triple Eight Integrated Services, Inc. v. NLRC, 299 SCRA 608, 618 (1998).
[39]
Eastern Shipping Lines, Inc. v. POEA, 170 SCRA 54, 57 (1989), There we stated that, the POEA shall
have original and exclusive jurisdiction over all cases, including money claims, involving employeremployee relationship arising out of or by virtue of any law or contract involving Filipino workers for
overseas employment, including seamen.
[40]
Rollo, pp. 91-92.
[41]
San Juan Structural and Steel Fabricators, Inc. v. Court of Appeals, 296 SCRA 631, 649-650 (1998);
Complex Electronics Employees Association v. NLRC, 310 SCRA 403, 417-418 (1999).
[42]
269 SCRA 15, 29-30 (1997).
[43]
Rufina Luy Lim v. Court of Appeals, G. R. No. 124715, January 24, 2000.
[44]
ARB Construction Co., Inc. v. Court of Appeals, G. R. No. 126554, May 31, 2000.
[45]
Laguio v. National Labor Relations Commission, 262 SCRA 715, 720-221 (1996); De La Salle
University v. De La Salle University Employees Association, G. R. Nos. 109002 and 110072, April 12,
2000.
[46]
Halili v. Court of Industrial Relations, 140 SCRA 73, 91 (1985).
[47]
94 SCRA 61, 69 (1979).
[48]
Blacks Law Dictionary, Fifth Edition (1979), p. 1438.
[49]
Ibid.
[50]
Supra, p. 956.
[51]
Philippine Airlines, Inc. v. NLRC, 263 SCRA 642, 654 (1996).
[52]
(a) the person supplying workers to an employer does not have substantial capital or investment in the
form of tools, equipment, machinery, work premises, among others; and (b) the workers recruited and
placed by such person are performing activities which are directly related to the principal business of the
employer. Asia Brewery, Inc. v. NLRC, 259 SCRA 185, 189-190 (1996).
[53]
Labor Code of the Philippines, Article 217.