5/28/2020
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Compared with LA Aurellano’s award of P800,875.00 to Binalla, we find the initial bond
posted by Princess Joy reasonable, considering that it is questioning the unusually large
amount of the awarded damages. Significantly, the agency posted an additional bond
as required by the NLRC in its May 12, 2006 order,[30] thus, bringing the amount equal
to the labor arbiter’s monetary award. We take this occasion to impress upon the
parties that the Court takes a liberal approach on the appeal bond requirement in “the
broader interest of justice and with the desired objective of deciding cases on the
merits.”[31] In Intertranz Container Lines, Inc. v. Bautista,[32]
the Court
reiterated its call for a liberal application of the law and the rules on the appeal bond
requirement “with an eye on the interest of substantial justice and the merits of the
case.”[33]
In this light, the CA committed a reversible error in imputing grave abuse of discretion
on the NLRC for acting on the motion to reduce bond even beyond the ten-day appeal
period.
The merits of the case
We now proceed to the substantive aspect of the case which the CA did not pass upon
in light of its ruling that the NLRC had lost jurisdiction over the labor dispute for
Princess Joy’s failure to perfect its appeal. The CA thus was unable to determine
whether the NLRC ruling on the merits was tainted with grave abuse of discretion.
Under this situation, do we now remand the case to the CA for a review of the NLRC’s
disposition of the merits of the case or conduct the review ourselves, considering that
the case is already almost a decade old counted from the filing of the complaint?[34]
In the course of determining the presence of grave abuse of discretion – a recourse the
CA failed to undertake – we believe we can and now should rule on the merits to lay
the issues posed finally to rest. Incidentally, in Metro Eye Security, Inc. v. Salsona,
[35] we emphasized that a remand should be avoided if the ends of justice would not be
served. In Intertranz Container Lines, Inc. v. Bautista,[36] we expressed the
same concern over a more than five-year old illegal dismissal case. As matters now
stand, a remand would definitely be a disservice to the ends of justice as it would only
prolong the disposition of the case. Significantly, we note that Princess Joy filed a
Comment[37] on Binalla’s petition for certiorari before the CA.[38] Thus, the issues have
been joined and are ready for adjudication and should forthwith be resolved in the
interest of speedy justice.[39]
Is Princess Joy liable under the complaint?
After an examination of the facts, we find, contrary to the NLRC ruling, substantial
evidence showing that Binalla was employed by Al Adwani in Saudi Arabia through a
fraudulent scheme or arrangement, called “reprocessing” or otherwise, participated in
by Princess Joy and CBM, as well as by Paguio and Lateo (who worked on the
processing and documentation of Binalla’s deployment papers to Al Adwani). Although
the scheme enabled Binalla to be employed overseas, his two-year employment was
marred from the start by violations of the law on overseas employment.
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