Professional Documents
Culture Documents
DIOSDADO
GARCIA, et al
January 12, 2011 G.R. No. 167291
PERALTA, J.:
FACTS: Petitioner PTI is a company engaged in the business of transporting
passengers by land, on the other hand, respondents were hired as drivers,
conductors, mechanics and inspectors. In addition to their regular monthly
income, respondents also received commissions equivalent to 8 to 10% of
their wages; sometime in October 1997, the said commissions were reduced
to 7 to 9%; this led respondents and other employees of PTI to hold a series
of meetings to discuss the protection of their interests as employees; these
meetings led petitioner Claros, president of PTI, to suspect that respondents
are about to form a union. In December 1997, PTI employees requested for a
cash advance, but the same was denied by management, which resulted in
demoralization on the employees' ranks; later, the foregoing circumstances
led respondents to form a union for their mutual aid and protection. In order
to block the continued formation of the union, PTI caused the transfer of all
union members and sympathizers to one of its sub-companies, Lubas
Transport (Lubas); despite such transfer, the schedule of drivers and
conductors, as well as their company identification cards, were issued by PTI;
the daily time records, tickets and reports of the respondents were also filed
at the PTI office; and, all claims for salaries were transacted at the same
office; later, the business of Lubas deteriorated because of the refusal of PTI
to maintain and repair the units being used therein, which resulted in the
virtual stoppage of its operations and respondents' loss of employment.
Petitioners, on the other hand, denied the material allegations of the
complaints contending that herein respondents were no longer their
employees, since they all transferred to Lubas.