180 Digest Nicario Vs NLRC

G.R. No. 125340.
September 17, 1998]

EMELITA NICARIO, petitioner, vs. NATIONAL LABOR RELATIONS
COMMISSION, MANCAO SUPERMARKET INC., AND/OR MANAGER,
ANTONIO MANCAO, respondents.
FACTS: Petitioner, Emelita Nicario, was employed with respondent

company Mancao Supermarket, on June 6, 1986 as a salesgirl and was later on
promoted as sales supervisor. However, private respondent terminated her
services on February 7, 1989.
On July 25, 1989, Labor Arbiter Amado M. Solamo dismissed the complaint
for lack of merit. Petitioner appealed to the National Labor Relations
Commission (NLRC), Fifth Division, Cagayan de Oro City. In a resolution dated
July 25, 1989, the NLRC set aside the labor arbiters decision for lack of due
process. It ruled that since petitioner assailed her supposed signatures
appearing on the payrolls presented by the company as a forgery, the labor
arbiter should not have merely depended on the xerox copies of the payrolls, as
submitted in evidence by the private respondent but ordered a formal hearing on
the issue. Thus, the Commission ordered the case remanded to the arbitration
branch for appropriate proceedings. The case was assigned to Labor Arbiter
Marissa Macaraig-Guillen.[2]
In her claim for payment of overtime pay, petitioner alleged that during her
period of employment, she worked twelve (12) hours a day from 7:30 a.m. to
7:30 p.m., thus rendering overtime work for four hours each day. Labor Arbiter
Macaraig-Guillen, in her decision dated May 23, 1994, awarded overtime pay to
petitioner by taking judicial notice of the fact that all Mancao establishments
open at 8:00 a.m. and close at 8:00 p.m.. Upon appeal, this particular finding
was affirmed by the Commission. However, when private respondent filed a
motion for reconsideration from the resolution dated August 16, 1995, the NLRC
modified its earlier ruling and deleted the award for overtime pay. Public
respondent NLRC instead gave credence to the daily time records (DTRs)
presented by respondent corporation showing that petitioner throughout her
employment from June 6, 1986 to February 1989, worked only for eight hours a
day from 9:00 a.m. to 12:00 p.m. and 2:00 p.m. to 7:00 p.m., and did not render
work on her rest days.
ISSUE: 1. WON Petitioner rendered overt-time work and is entitled of overtime

pay? -YES
2. WON Antonio Mancao as the manager acted maliciously or deliberately in the

non-payment of benefits to petitioner and can be held jointly and severally liable
with Mancao supermarket ? - NO
RULING. 1:
The uniformity and regularity of the entries are badges of untruthfulness and
as such indices of dubiety.[11] The observations made by the Solicitor General
regarding the unreliability of the daily time records would therefore seem more
convincing. On the other hand, respondent company failed to present
substantial evidence, other than the disputed DTRs, to prove that petitioner
indeed worked for only eight hours a day.
It is a well-settled doctrine, that if doubts exist between the evidence

presented by the employer and the employee, the scales of justice must
be tilted in favor of the latter. It is a time-honored rule that in controversies
between a laborer and his master, doubts reasonably arising from the
evidence, or in the interpretation of agreements and writing should be
resolved in the formers favor.[12] The policy is to extend the doctrine to a
greater number of employees who can avail of the benefits under the law, which
is in consonance with the avowed policy of the State to give maximum aid and
protection of labor.[13]This rule should be applied in the case at bar, especially
since the evidence presented by the private respondent company is not
convincing. Accordingly, we uphold the finding that petitioner rendered
overtime work, entitling her to overtime pay.
RULING NO. 2: NO
The general rule is that officers of a corporation are not personally

liable for their official acts unless it is shown that they have exceeded their
authority. However, the legal fiction that a corporation has a personality
separate and distinct from stockholders and members may be disregarded
if it is used as a means to perpetuate fraud or an illegal act or as a vehicle
for the evasion of an existing obligation, the circumvention of statutes, or
to confuse legitimate issues.[14]
In this case, there is no showing that Antonio Mancao, as manager of

respondent company, deliberately and maliciously evaded the
respondent's company financial obligation to the petitioner. Hence, there
appearing to be no evidence on record that Antonio Mancao acted maliciously or
deliberately in the non-payment of benefits to petitioner, he cannot be held
jointly and severally liable with Mancao supermarket.

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G.R. No. 125340.

September 17, 1998]

FACTS: Petitioner, Emelita Nicario, was employed with respondent

ISSUE: 1. WON Petitioner rendered overt-time work and is entitled of overtime

2. WON Antonio Mancao as the manager acted maliciously or deliberately in the

It is a well-settled doctrine, that if doubts exist between the evidence

The general rule is that officers of a corporation are not personally

In this case, there is no showing that Antonio Mancao, as manager of

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