TITLE OF CASE: AKLAN ELECTRIC COOPERATIVE INC.

vs NLRC
[GR NO. 121439 | DATE DECIDED: Jan 25, 2000 | JUSTICE Gonzaga-Reyes | DIGEST
MAKER: Francis Kyle Subido]

Doctrine

Case Keywords: No Work, No Pay

Facts
Consolidated claims for non-payment of salaries/wages, 13 th month pay,
ECOLA and other fringe benefits (rice, medical and clothing allowances) by
Retiso and 163 others vs AKELCO(ptr) + Atty. Mationg, GM and Calizo, Acting
Board President.
Complainants continuously performed their tasks and were paid at the main
office at Lezo, Aklan before the temporary transfer to Amon Theater, Kalibo,
Aklan which was done by way of resolution(Jan 22 1992) of the Board of
Directors.
Atty. Mationg, project supervisor, informed them that head office is closed
and dangerous to hold office there.
Majority of employees, including complainants still paid salaries and
continued to report for work at Lezo, Aklan
Unnumbered resolution (Feb 1992) passed by the Board withdrawing the
operations at Kalibo office, resume at Lezo again.
Complainants who reported to work at Lezo office were paid salaries from
Jan 1992-May 1992 while some employees, through instigation of Atty.
Mationg stayed at Kalibo office.
The employees who reported to Lezo office were not paid salaries from June
1992-March 18 1993
March 19, 1993 complainants paid salaries again except for a few not paid
during April and May 1993

LA: dismissed the complaints

NLRC: reversed LA decision. Private respondents entitled to unpaid wages
from June 16, 1992-March 18, 1993. MR Denied
o Letter of Leyson, Office Manager of AKELCO to Atty. Mationg
requesting payment of unpaid wages for the period
o Computation of unpaid wages due to complainants show they
rendered services during the period.
o Mationgs memorandum: assurance that he will recommend the
payment of complainants counts as admission that they are
entitled to wages
o Petitioners presented no evidence to controvert
PTR ARGUMENTS: 1) complainants voluntarily abandoned their work w/o
justifiable reason and w/o notifying management 2) complainants defied
lawful orders and other issuances by GM and the Board. Refused to work at
 the Kalibo office despite the orders = no work, no pay justified. 3) evidence
of respondents is self-serving (the computation) 4) unnumbered resolution
never implemented, not valid action of the Board
RESPO ARGUMENTS: transfer was illegal

Issue/Holding/Ratio
W/N private respondents are entitled to the unpaid wages?
The evidence that NLRC based its decision on did NOT constitute substantial
evidence to support conclusion that respondents are entitled to the unpaid
wages.
o Not enough to establish that respondents actually rendered services in
the Kalibo office during the stated period
o Leysons letter is self-serving. Hes even one of the complainants in the
present case.
Petitioner was able to show that respondents did NOT render services during
the period.
o The resolution of the temporary transfer of office w/c was approved
by NEA Administrator Cabrera in letter addressed to the Board.
Establishes that continuous operation of the Lezo office would
pose serious and imminent threat
No contrary evidence = justified transfer
Respondents admitted to not working in the Kalibo office, saying transfer was
illegal (failure to comply w/ requirements of PD 269)
o Detrimental to their cause.
o Not for them to decide whether illegal or not + no proof that transfer
was in bad faith or w/ malice
Unnumbered resolution argument:
o Supported by the actions of the Board dismissed employees on
illegal strike/refused to work in Kalibo THO later accepted them
back out of compassion subject only to the no work, no pay
condition.
o If there WAS an unnumbered resolution, there would be no need for
such actions
Assurance of Mationg to the letter of Leyson =/= admission
o Merely that he will recommend the request for payment of backwages
approval will come from the Board
The letter by Leyson was only made in Apr 1993, after Board resolution
accepting them back. 10 months before request for backwages casts
doubt on their claim
Fair days wage for a fair days labor = if no work performed, no wage/pay
unless illegally locked out/suspended/dismissed.

Ruling
COMPLAINT FOR UNPAID WAGES DISMISSED