6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly De Guzman filed a motion for reconsideration[10] from the NLRC's Decision. By holding that the employer has the burden to prove that he paid the correct wages, the NLRC in its Resolution[11] dated 24 September 2008 granted the motion for reconsideration filed by De Guzman and reinstated. the Decision of the Labor Arbiter.[12] Aggrieved, Rapid Manpower filed a petition for certiorari with prayer for issuance of Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction before the Court of Appeals.[13] On 8 December 2008, the Court of Appeals rendered its Resolution[14] dismissing the petition on the ground of failure on the part of Rapid Manpower to file a motion for reconsideration of the 24 September 2008 Resolution of the NLRC granting De Guzman's motion for reconsideration. Rapid Manpower moved for reconsideration but it was denied in a Resolution dated 20 March 2009.[15] Hence, Rapid Manpower filed this petition for review raising the following errors committed by the Court of Appeals: I. IN DISMISSING ITS PETITION ON THE GROUND OF ITS SUPPOSED FAILURE TO FILE A MOTION FOR RECONSIDERATION BEFORE PUBLIC RESPONDENT NLRC ON ITS RESOLUTION DATED SEPTEMBER 24, 2008 II. BY DISMISSING ITS PETITION, IN EFFECT UPHOLDING THE ERRONEOUS DECISIONS AND/OR RESOLUTIONS OF PUBLIC RESPONDENTS IN RULING THAT PRIVATE RESPONDENT IS ENTITLED TO HIS CLAIM OF UNPAID AND/OR UNDERPAYMENT OF SALARIES III. BY DISMISSING ITS PETITION, IN EFFECT UPHOLDING THE ERRONEOUS DECISIONS AND/OR RESOLUTIONS OF PUBLIC RESPONDENTS IN RULING THAT PRIVATE RESPONDENT IS ENTITLED TO ATTORNEY'S FEES IV. BY DISMISSING ITS PETITION, IN EFFECT UPHOLDING THE ERRONEOUS DECISIONS AND/OR RESOLUTIONS OF PUBLIC RESPONDENTS THAT BESILDA I. FELIPE BE HELD JOINTLY AND SEVERALLY LIABLE FOR THE MONETARY CLAIMS OF PRIVATE RESPONDENT[16] Rapid Manpower submits that the Court of Appeals had at times given due course to a petition for certiorari even if no motion for reconsideration had been filed where elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61411 2/6