NLRC's decision dated November 26, 1997,[16] its order dated May 2, 1999[17] and
the sworn certification of non-forum shopping.[18] Petitioners also explained that
their counsel executed an affidavit of proof of service and explanation in the
afternoon of July 1, 1999. However, he forgot to attach it when he filed their
petition the following day because of the volume and pressure of work and lack
of office personnel. However, the Registry Receipt,[19] which is the proof
of mailing to Orlando's counsel, issued by the Central Post Office was attached
on the original petition they filed with the respondent court. It was also
stamped[20] by the NLRC which is proof of receipt of the petition by the latter. The
affidavit of service, which was originally omitted, was attached on their motion
for reconsideration.[21] Significantly, it was dated July 1, 1999. In view of the
surrounding circumstances, the subsequent filing of the affidavit of service may
be considered as substantial compliance with the rules.
We now come to the merits of the case. The issue is whether petitioners
are liable to pay the tips to Orlando.
The word [tip] has several meanings, with origins more or less obscure,
connected with "tap" and with "top." In the sense of a sum of money given for
good service, other languages are more specific, e.g., Fr. pourboire, for drink. It
is suggested that [the word] is formed from the practice, in early 18th c. London
coffeehouses, of having a box in which persons in a hurry would drop a small
coin, to gain immediate attention. The box was labelled To Insure Promptness;
then just with the initials T.I.P.[22]
It is more frequently used to indicate additional compensation, and in this
sense "tip" is defined as meaning a gratuity; a gift; a present; a fee; money
given, as to a servant to secure better or more prompt service. A tip may range
from pure gift out of benevolence or friendship, to a compensation for a service
measured by its supposed value but not fixed by an agreement, although
usually the word is applied to what is paid to a servant in addition to the regular
compensation for his service in order to secure better service or in recognition
of it. It has been said that a tip denotes a voluntary act, but it also has been said
that from the very beginning of the practice of tipping it was evident that,
whether considered from the standpoint of the giver or the recipient, a tip lacked
the essential element of a gift, namely, the free bestowing of a gratuity without a
consideration, and that, despite its apparent voluntariness, there is an element
of compulsion in tipping.[23]
Tipping is done to get the attention and secure the immediate services of a
waiter, porter or others for their services. Since a tip is considered a pure gift
out of benevolence or friendship, it can not be demanded from the customer.
Whether or not tips will be given is dependent on the will and generosity of the
giver. Although a customer may give a tip as a consideration for services
rendered, its value still depends on the giver. They are given in addition to the
compensation by the employer. A gratuity given by an employer in order to
inspire the employee to exert more effort in his work is more appropriately
called a bonus.