Central Azucarera de Tarlac G.R. No. 188949
Central Azucarera de Tarlac G.R. No. 188949
Central Azucarera de Tarlac G.R. No. 188949
188949
Republic of the Philippines
Supreme Court
Manila
SECOND DIVISION
CENTRAL AZUCARERA G.R. No. 188949
DE TARLAC,
Petitioner, Present:
CARPIO, J.,
Chairperson,
versus NACHURA,
PERALTA,
ABAD, and
MENDOZA, JJ.
CENTRAL AZUCARERA Promulgated:
DE TARLAC LABOR UNIONNLU,
Respondent. July 26, 2010
xx
DECISION
NACHURA, J.:
Before the Court is a petition for review on certiorari under Rule 45 of the Rules of Court,
[1] [2]
assailing the Decision dated May 28, 2009, and the Resolution dated July 28, 2009 of the
Court of Appeals (CA) in CAG.R. SP No. 106657.
The factual antecedents of the case are as follows:
Petitioner is a domestic corporation engaged in the business of sugar manufacturing, while
respondent is a legitimate labor organization which serves as the exclusive bargaining
representative of petitioners rankandfile employees. The controversy stems from the
interpretation of the term basic pay, essential in the computation of the 13thmonth pay.
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/188949.htm 1/8
9/6/2018 G.R. No. 188949
The facts of this case are not in dispute. In compliance with Presidential Decree (P.D.) No. 851,
petitioner granted its employees the mandatory thirteenth (13th) month pay since 1975. The
formula used by petitioner in computing the 13thmonth pay was: Total Basic Annual Salary
divided by twelve (12). Included in petitioners computation of the Total Basic Annual Salary were
the following: basic monthly salary; first eight (8) hours overtime pay on Sunday and legal/special
holiday; night premium pay; and vacation and sick leaves for each year. Throughout the years,
[3]
petitioner used this computation until 2006.
On November 6, 2004, respondent staged a strike. During the pendency of the strike, petitioner
declared a temporary cessation of operations. In December 2005, all the striking union members
were allowed to return to work. Subsequently, petitioner declared another temporary cessation of
operations for the months of April and May 2006. The suspension of operation was lifted on June
2006, but the rankandfile employees were allowed to report for work on a fifteen (15) dayper
month rotation basis that lasted until September 2006. In December 2006, petitioner gave the
employees their 13thmonth pay based on the employees total earnings during the year divided by
[4]
12.
Respondent objected to this computation. It averred that petitioner did not adhere to the usual
computation of the 13thmonth pay. It claimed that the divisor should have been eight (8) instead
of 12, because the employees worked for only 8 months in 2006. It likewise asserted that petitioner
did not observe the company practice of giving its employees the guaranteed amount equivalent to
their one month pay, in instances where the computed 13thmonth pay was less than their basic
[5]
monthly pay.
Petitioner and respondent tried to thresh out their differences in accordance with the grievance
procedure as provided in their collective bargaining agreement. During the grievance meeting, the
representative of petitioner explained that the change in the computation of the 13thmonth pay
was intended to rectify an error in the computation, particularly the concept of basic pay which
[6]
should have included only the basic monthly pay of the employees.
For failure of the parties to arrive at a settlement, respondent applied for preventive mediation
before the National Conciliation and Mediation Board. However, despite four (4) conciliatory
meetings, the parties still failed to settle the dispute. On March 29, 2007, respondent filed a
complaint against petitioner for money claims based on the alleged diminution of
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/188949.htm 2/8
9/6/2018 G.R. No. 188949
benefits/erroneous computation of 13thmonth pay before the Regional Arbitration Branch of the
[7]
National Labor Relations Commission (NLRC).
[8]
On October 31, 2007, the Labor Arbiter rendered a Decision dismissing the complaint and
declaring that the petitioner had the right to rectify the error in the computation of the 13thmonth
[9]
pay of its employees. The fallo of the Decision reads:
WHEREFORE, premises considered, the complaint filed by the complainants against the
respondents should be DISMISSED with prejudice for utter lack of merit.
[10]
SO ORDERED.
[11]
Respondents filed an appeal. On August 14, 2008, the NLRC rendered a Decision reversing
the Labor Arbiter. The dispositive portion of the Decision reads:
WHEREFORE, the decision appealed is reversed and set aside and respondentappellee Central
Azucarera de Tarlac is hereby ordered to adhere to its established practice of granting 13th[] month
pay on the basis of gross annual basic which includes basic pay, premium pay for work in rest days
and special holidays, night shift differential and paid vacation and sick leaves for each year.
Additionally, respondentappellee is ordered to observe the guaranteed one[]month pay by way of
13th month pay.
[12]
SO ORDERED.
Petitioner filed a motion for reconsideration. However, the same was denied in a Resolution dated
November 27, 2008. Petitioner then filed a petition for certiorari under Rule 65 of the Rules of
[13]
Court before the CA.
[14]
On May 28, 2009, the CA rendered a Decision dismissing the petition, and affirming the
decision and resolution of the NLRC, viz.:
WHEREFORE, the foregoing considered, the petition is hereby DISMISSED and the assailed
August 14, 2008 Decision and November 27, 2008 Resolution of the NLRC, are hereby
AFFIRMED. No costs.
[15]
SO ORDERED.
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/188949.htm 3/8
9/6/2018 G.R. No. 188949
Aggrieved, petitioner filed the instant petition, alleging that the CA committed a reversible error in
affirming the Decision of the NLRC, and praying that the Decision of the Labor Arbiter be
reinstated.
The petition is denied for lack of merit.
The 13thmonth pay mandated by Presidential Decree (P.D.) No. 851 represents an additional
income based on wage but not part of the wage. It is equivalent to onetwelfth (1/12) of the total
basic salary earned by an employee within a calendar year. All rankandfile employees, regardless
of their designation or employment status and irrespective of the method by which their wages are
paid, are entitled to this benefit, provided that they have worked for at least one month during the
calendar year. If the employee worked for only a portion of the year, the 13thmonth pay is
[16]
computed pro rata.
Petitioner argues that there was an error in the computation of the 13thmonth pay of its employees
as a result of its mistake in implementing P.D. No. 851, an error that was discovered by the
management only when respondent raised a question concerning the computation of the employees
13thmonth pay for 2006. Admittedly, it was an error that was repeatedly committed for almost
thirty (30) years. Petitioner insists that the length of time during which an employer has performed
a certain act beneficial to the employees, does not prove that such an act was not done in error. It
maintains that for the claim of mistake to be negated, there must be a clear showing that the
employer had freely, voluntarily, and continuously performed the act, knowing that he is under no
[17]
obligation to do so. Petitioner asserts that such voluntariness was absent in this case.
The Rules and Regulations Implementing P.D. No. 851, promulgated on December 22, 1975,
defines 13thmonth pay and basic salary as follows:
Sec. 2. Definition of certain terms. As used in this issuance:
(a) "Thirteenthmonth pay" shall mean one twelfth (1/12) of the basic salary of an
employee within a calendar year;
(b) "Basic salary" shall include all remunerations or earnings paid by an employer to an employee
for services rendered but may not include costofliving allowances granted pursuant to Presidential
Decree No. 525 or Letter of Instructions No. 174, profitsharing payments, and all allowances and
monetary benefits which are not considered or integrated as part of the regular or basic salary of the
employee at the time of the promulgation of the Decree on December 16, 1975.
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/188949.htm 4/8
9/6/2018 G.R. No. 188949
On January 16, 1976, the Supplementary Rules and Regulations Implementing P.D. No. 851 was
issued. The Supplementary Rules clarifies that overtime pay, earnings, and other remuneration that
are not part of the basic salary shall not be included in the computation of the 13thmonth pay.
On November 16, 1987, the Revised Guidelines on the Implementation of the 13thMonth Pay Law
was issued. Significantly, under this Revised Guidelines, it was specifically stated that the
minimum 13thmonth pay required by law shall not be less than onetwelfth (1/12) of the total
basic salary earned by an employee within a calendar year.
Furthermore, the term basic salary of an employee for the purpose of computing the 13thmonth
pay was interpreted to include all remuneration or earnings paid by the employer for services
rendered, but does not include allowances and monetary benefits which are not integrated as part
of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits,
overtime, premium, night differential and holiday pay, and costofliving allowances. However,
these salaryrelated benefits should be included as part of the basic salary in the computation of the
13thmonth pay if, by individual or collective agreement, company practice or policy, the same are
treated as part of the basic salary of the employees.
Based on the foregoing, it is clear that there could have no erroneous interpretation or application
of what is included in the term basic salary for purposes of computing the 13thmonth pay of
employees. From the inception of P.D. No. 851 on December 16, 1975, clearcut administrative
guidelines have been issued to insure uniformity in the interpretation, application, and enforcement
of the provisions of P.D. No. 851 and its implementing regulations.
As correctly ruled by the CA, the practice of petitioner in giving 13thmonth pay based on the
employees gross annual earnings which included the basic monthly salary, premium pay for work
on rest days and special holidays, night shift differential pay and holiday pay continued for almost
thirty (30) years and has ripened into a company policy or practice which cannot be unilaterally
withdrawn.
Article 100 of the Labor Code, otherwise known as the NonDiminution Rule, mandates that
benefits given to employees cannot be taken back or reduced unilaterally by the employer because
[18]
the benefit has become part of the employment contract, written or unwritten. The rule against
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/188949.htm 5/8
9/6/2018 G.R. No. 188949
diminution of benefits applies if it is shown that the grant of the benefit is based on an express
policy or has ripened into a practice over a long period of time and that the practice is consistent
and deliberate. Nevertheless, the rule will not apply if the practice is due to error in the
construction or application of a doubtful or difficult question of law. But even in cases of error, it
[19]
should be shown that the correction is done soon after discovery of the error.
The argument of petitioner that the grant of the benefit was not voluntary and was due to error in
the interpretation of what is included in the basic salary deserves scant consideration. No doubtful
or difficult question of law is involved in this case. The guidelines set by the law are not difficult to
decipher. The voluntariness of the grant of the benefit was manifested by the number of years the
employer had paid the benefit to its employees. Petitioner only changed the formula in the
computation of the 13thmonth pay after almost 30 years and only after the dispute between the
management and employees erupted. This act of petitioner in changing the formula at this time
cannot be sanctioned, as it indicates a badge of bad faith.
Furthermore, petitioner cannot use the argument that it is suffering from financial losses to claim
exemption from the coverage of the law on 13thmonth pay, or to spare it from its erroneous
unilateral computation of the 13thmonth pay of its employees. Under Section 7 of the Rules and
Regulations Implementing P.D. No. 851, distressed employers shall qualify for exemption from the
[20]
requirement of the Decree only upon prior authorization by the Secretary of Labor. In this
case, no such prior authorization has been obtained by petitioner; thus, it is not entitled to claim
such exemption.
WHEREFORE, the Decision dated May 28, 2009 and the Resolution dated July 28, 2009 of the
Court of Appeals in CAG.R. SP No. 106657 are hereby AFFIRMED. Costs against petitioner.
SO ORDERED.
ANTONIO EDUARDO B. NACHURA
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/188949.htm 6/8
9/6/2018 G.R. No. 188949
DIOSDADO M. PERALTA ROBERTO A. ABAD
Associate Justice Associate Justice
JOSE CATRAL MENDOZA
Associate Justice
A T T E S T A T I O N
I attest that the conclusions in the above Decision had been reached in consultation before the case
was assigned to the writer of the opinion of the Courts Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson, Second Division
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation,
I certify that the conclusions in the above Decision had been reached in consultation before the
case was assigned to the writer of the opinion of the Courts Division.
RENATO C. CORONA
Chief Justice
[1]
Penned by Associate Justice Josefina GuevaraSalonga, with Associate Justices Arcangelita M. RomillaLontok and Romeo F. Barza,
concurring; rollo, pp. 3242.
[2]
Id. at 4447.
[3]
Id. at 33.
[4]
Id. at 34.
[5]
Id. at 34; 74.
[6]
Id. at 34.
[7]
Id. at 3435.
[8]
Penned by Labor Arbiter Mariano L. Bactin; id. at 5164.
[9]
Id. at 35.
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/188949.htm 7/8
9/6/2018 G.R. No. 188949
[10]
Id. at 64.
[11]
Penned by Commissioner Isabel G. PanganibanOrtiguerra, with Presiding Commissioner Benedicto R. Palacol and Nieves Vivarde
Castro, concurring; id. at 7287.
[12]
Id. at 8687.
[13]
Id. at 3536.
[14]
Supra note 1.
[15]
Rollo, p. 42.
[16]
Azucena, Jr., Cesario Alvero, Everyones Labor Code, 2001 edition, p. 79.
[17]
Rollo, pp. 2224.
[18]
Philippine Airlines, Inc. v. NLRC, 328 Phil. 826 (1996).
[19]
Supra note 16, at 78.
[20]
See Dentech Manufacturing Corporation v. NLRC, 254 Phil. 603 (1989).
http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/188949.htm 8/8