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Sargasso Construction and Development Corporation Vs. National Labor Relations Commission (4th Division) and Gorgonio Mongcal

SARGASSO CONSTRUCTION and DEVELOPMENT CORPORATION, Petitioner, versus NATIONAL LABOR RELATIONS COMMISSION (4TH Division) and GORGONIO MONGCAL, Respondents

G.R. No. 164118 | 2010-02-09

D E C I S I O N


PERALTA, J.:

This resolves the Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Court, praying that the Decision[1] of the Court of Appeals (CA) dated January 27, 2004 dismissing petitioner's petition for certiorari, and the CA Resolution[2] dated May 28, 2004, denying petitioner's motion for reconsideration, be reversed and set aside.

The undisputed facts, as accurately narrated by the Labor Arbiter, are as follows.

x x x complainant [herein respondent Mongcal] alleged that on May 7, 1993, he was employed as a payloader operator by the respondent company; that his latest assignment was in La...