6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 770 PHIL. 334 FIRST DIVISION [ G.R. No. 187418, September 28, 2015 ] RAPID MANPOWER CONSULTANTS, INC., PETITIONER, VS. EDUARDO P. DE GUZMAN, RESPONDENT. RESOLUTION PEREZ, J.: This Petition for Review on Certiorari[1] seeks to annul the Resolutions dated 8 December 2008[2] and 20 March 2009[3] of the Court of Appeals, Former Fifth Division in CA-G.R. SP No. 106386 dismissing the case due to the failure of petitioner Rapid Manpower Consultants, Inc. (Rapid Manpower) to file with the National Labor Relations Commission (NLRC) a motion for reconsideration before resorting to a petition for certiorari before the Court of Appeals. Respondent Eduardo P. de Guzman (De Guzman) was employed as an air conditioner and refrigerator technician by Omar Ahmed Bin Bichr in Saudi Arabia, through its agent, petitioner Rapid Manpower. The parties entered into a 2-year employment contract wherein De Guzman shall be paid a monthly salary of SR1,500.00. He was deployed from 18 May 2000-18 May 2002.[4] On 18 September 2002, De Guzman filed a complaint for nonpayment of salaries/wages from October 2001 to June 2002, vacation pay, underpayment of salaries/wages (from SR1,500 to SR1,300), and travel expenses.[5] On 16 November 2004, Labor Arbiter Clarito D. Demaala, Jr. rendered a Decision[6] in favor of De Guzman, the dispositive portion of which provides: WHEREFORE, premises considered, judgment is hereby rendered ordering respondents to pay complainant jointly and severally the amount of SR8,000.00 or its Philippine peso equivalent, representing complainant's underpayment of salaries plus the amount of SR9,000.00 or its Philippine peso equivalent representing complainant's unpaid wages from October 2001 to May 2002 plus 10% as attorney's fees. Other monetary claims are dismissed for lack of merit.[7] On appeal, the NLRC reversed the Decision of the Labor Arbiter on 18 August 2005.[8] According to the NLRC, De Guzman failed to substantiate his claim for non-payment and underpayment of wages.[9] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61411 1/6

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