Protacio v. Laya Mananghaya Co.
Protacio v. Laya Mananghaya Co.
Protacio v. Laya Mananghaya Co.
Zayber John B. Protacio vs. Laya Mananghaya & Co. and/or Mario T. Mananghaya
G.R. No. 168654, March 25, 2009
A petition for review on certiorari under Rules 45 of the Rules of Civil Procedure, assailing the decision
and resolution of the Court of Appeals in CA-G.R. SP No. 85038. The Court of Appeals’ decision reduced
the monetary award granted to petitioner by the National Labor Relations Commission (NLRC) while the
resolution denied petitioner’s motion for reconsideration for lack of merit.
Issue: Whether or not the NLRC acted without or in excess of jurisdiction or with grave abuse of discretion
in rendering its decision.
Ruling/Case doctrine:
As a general rule, in certiorari proceedings under Rule 65 o the Rules of Court, the appellate court does
not assess and weigh the sufficiency of evidence upon which the Labor Arbiter and the NLRC based their
conclusion. The query in this proceeding is limited to the determination of whether or not the NLRC acted
without or in excess of its jurisdiction or with grave abuse of discretion in rendering its decision. However,
as an exception, the appellate court may examine and measure the factual findings of the NLRC if the
same are not supported by substantial evidence. The Court has not hesitated to affirm the appellate
court’s reversals of the decisions of thee labor tribunal if they are not supported by substantial evidence.
A bonus is a gratuity or act of liberality of the giver. It is something to be given in addition to what is
ordinarily received by or strictly due the recipient. A bonus is granted and paid to an employee or his
industry and loyalty which contributed to the success of the employer’s business and made possible the
realization of profits. Generally, a bonus is not a demandable and enforceable obligation. It is so only when
it is made part of the wage or salary or compensation. When considered as a part of the compensation
and therefore demandable and enforceable, the amount is usually fixed. If the amount would be a
contingent one dependent upon the realization of the profits, the bonus is also not demandable and
enforceable.
If the bonus is paid only if profits are realized or a certain amount of productivity achieved, it cannot be
considered part of wages. If the desired goal of production is not obtained, of the amount off actual work
accomplished, the bonus does not accrue. Only when the employer promises and agrees to give without
any conditions imposed for its payment, such as success of business or greater production or output, does
the bonus become part of the wage.