Solicitor General, in his Comment before the CA, even noted that the defenses
presented by the petitioner were not touched in the decisions of the Labor Arbiter
and the NLRC and suggested that there is a need to remand the case back to the
Labor Arbiter for further proceedings on the factual issue of whether respondent is
entitled to her monetary claims.
Fourth, it submits that the CA misapplied the rule on caveat emptor; that the
rule is inapplicable to labor employment contracts which are imbued with public
interest and subservient to the police power of the State.
Fifth, it maintains that the CA disregarded the doctrine of stare decisis in the
light of the Court’s ruling on January 14, 1998in G.R. No. 130953 entitled Lilibeth
Lazaga v. National Labor Relations Commission[24] where the Court sustained the
NLRC’s dismissal for lack of merit of an identical complaint for unpaid monetary
claims of respondent’s co-worker in Philips.
In her Comment,[25] respondent alleges that the instant petition merits
outright dismissal for being filed out of time since petitioner admitted that its
counsel on record, Atty. Ricardo C. Orias, Jr., received copy of the CA Resolution
dated January 7, 2000on January 25, 2000 and the petition was filed only on May
5, 2000 or 101 days late. Respondent submits that the argument that the filing of
the petition was delayed because the notice of withdrawal of Atty. Orias, Jr. was
not filed on time with the CA by the petitioner as it is not adept to legal intricacies
is but a tactical ploy to delay the case and avoid payment of its monetary
liability. At any rate, respondent insists that the arguments raised in the petition
have already been raised and squarely resolved by the NLRC and the CA.