dayag vs hon. cenizares, jr. (1998)

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  • 8/13/2019 Dayag vs Hon. Cenizares, Jr. (1998)


    DAYAG vs HON. CENIZARES, JR. (1998)


    Petitioners were hired to work as tower crane operators by one Alfredo Young, a buildingcontractor doing business in the name of Youngs construction. In 1991, they were transferred toCebu City to work for Youngs hoemart Cebu Pro!ect. Petitioner "illiam #ayag asked $ermissionto go to %anila to attend family matters and was allowed to do so but was not $aid for &anuary'()(* due to his accountability for the loss of certain construction tools. +he other $etitioners leftdue to harassment by Young. +hereafter, $etitioners banded together and filed a com$laint againstYoungbefore the C- Arbitration ranch /-C which was assigned to /abor Arbiter Ceni0ares.

    Young filed a%otion to transfer the case2to the -egional Arbitration ranch, -egion 3II ofthe /-C. 4e contended that the case should be filed in Cebu City because there is where thework$lace of the $etitioners.

    Petitioners o$$osed the same, arguing that all of them are from %etro %anila and that theycould not afford tri$s to Cebu. esides, they claimed that res$ondents main office is in Corinthian5arden in 6C.

    /abor Arbiter Ceni0ares 5-A+7# Youngs motion to transfer the case in Cebu.2

    Petitioners a$$ealed to /-C but it was dismissed. 4ence, they filed a %8- and this time theCommission 7+ AI#7 its $reious decision and rema!e!the case to the original arbitration

    branch of the C- for further $roceedings. Young filed his own %8- and the /-C reinstated its first decision directing the transfer of thecase to Cebu City.

    Iss"e: Whether the Labor Arbiter acted with grave abuse of discretion when it entertained Youngsmotion to transfer

    HE#D: NO+he C ruled that litigations should, as much as $ossible, be decided on the merits and nottechnicalities. Petitioners were able to file an o$$osition on the motion to transfer case2 which wasconsidered by /abor Arbiter Ceni0ares. 4ence, there is no showing that they hae been unduly$re!udiced by the motions failure to gie notice and hearing.

    4oweer, Young cannot derie comfort from this $etition. +he C held that the :uestion of enue

    relates more to the conenience of the $arties rather than u$on the substance and merits of the case.+his is to assure conenience for the $laintiff and his witness and to $romote the ends of !ustice underthe $rinci$le that $%&e S%a%e s&a'' ar! *r%e+% % 'a-r.+he reason for this is that theworker, being the economically)disadantaged $arty, the nearest goernmental machinery to settle thedis$ute must be $laced at his immediate dis$osal, and the other $arty is not to be gien the choice ofanother com$etent agency sitting in another $lace as this will unduly burden the former

    In the instant case, the ruling s$ecifying the C- Arbitration ranch as the enue of the $resent action

    cannot be considered o$$ressie to Young because his residence in Corinthian 5ardens also seres ashis corres$ondent office. 4earing the case in %anila would clearly e;$edite the $roceedings and brings$eedy resolution to the instant case.



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