G.R. No. 172342
4 of 11
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/172342.htm
certiorari under Rule 65 of the Rules of Court. The Court of Appeals denied the petition
and affirmed the NLRC. The Court of Appeals ruled that service award is the same as
longevity pay, and that the severance pay received by respondent cannot be equated with
service award. The dispositive portion of the Court of Appeals decision reads:
WHEREFORE, finding no grave abuse of discretion amounting to lack or in (sic)
excess of jurisdiction on the part of public respondent NLRC, the petition is denied. The
NLRC decision dated November 29, 2002 as well as and (sic) its January 31, 2003
Resolution are hereby AFFIRMED in toto.
SO ORDERED.
[15]
After its motion for reconsideration was denied, petitioner filed the instant petition
raising the following issues:
I.
WHETHER OR NOT THE HONORABLE COURT OF APPEALS ERRED IN FINDING
NO GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF
JURISDICTION ON THE PART OF PUBLIC RESPONDENT NATIONAL LABOR
RELATIONS COMMISSION.
II.
WHETHER OR NOT THE HONORABLE COURT OF APPEALS ERRED IN FINDING
THAT THE SERVICE AWARD OF THE RESPONDENT [HAS] NOT PRESCRIBED
WHEN HIS COMPLAINT WAS FILED ON DECEMBER 11, 2000.
III.
WHETHER OR NOT THE HONORABLE COURT OF APPEALS ERRED IN
APPLYING IN THE CASE AT BAR [ARTICLE 1155 OF THE CIVIL CODE].
IV.
WHETHER OR NOT THE HONORABLE COURT OF APPEALS ERRED IN
APPLYING ARTICLE NO. 7 OF THE SAUDI LABOR AND WORKMEN LAW TO
SUPPORT ITS FINDING THAT THE BASIS OF THE SERVICE AWARD IS
[16]
LONGEVITY [PAY] OR LENGTH OF SERVICE RENDERED BY AN EMPLOYEE.
Essentially, the issue is whether the Court of Appeals erred in ruling that respondent
is entitled to a service award or longevity pay of US$12,640.33 under the provisions of the
Saudi Labor Law. Related to this issue are petitioners defenses of payment and
prescription.
Petitioner points out that the Labor Arbiter awarded longevity pay although the Saudi
Labor Law grants no such benefit, and the NLRC confused longevity pay and service
award. Petitioner maintains that the benefit granted by Article 87 of the Saudi Labor Law
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