Labor Law Review |Sobrevinas | August December 2014|Page

Apodaca v. NLRC
April 18, 1989
Ponente: Gancayco, J.
Naomi Q.
SUMMARY: When petitioner !e" a comp!aint #or pa$ment o#
his unpai" wages an" other benets% the compan$ set it o&
against his unpai" stoc' subscription( )ourt ru!e" that this is
not among the * instances in Art( 11* o# the Labor )o"e where
a "e"uction in wages is a!!owe"(
DOCTRINE: +he emp!o$er cannot va!i"!$ o&set the emp!o$ee,s
mone$ c!aim against the amount "ue on the emp!o$ee,s unpai"
stoc' subscriptions(
FACTS:
Petitioner was emp!o$e" in respon"ent corporation -ntrans Phi!s(%
-nc(
.n August 2/% 10/1% respon"ent 2ose 3iraso! persua"e"
petitioner to subscribe to 1%100 shares o# respon"ent corporation
at P100(00 per share or a tota! o# P110%000( 4e ma"e an initia!
pa$ment o# P*5%100(
.n September 1% 10/1% petitioner was appointe" Presi"ent an"
6enera! 3anager o# the respon"ent corporation( 4owever% on
2anuar$ 2% 10/7% he resigne"(
Petitioner institute" with the 8LR) a comp!aint against private
respon"ents #or the pa$ment o# his unpai" wages% his cost o#
!iving a!!owance% the ba!ance o# his gaso!ine an" representation
e9penses an" his bonus compensation #or 10/7(
Private respon"ents a"mitte" that there is "ue to petitioner the
amount o# P15%070(05 but this was app!ie" to the unpai" ba!ance
o# his subscription in the amount o# P01%4*0(0*(
Petitioner :uestione" the set;o& a!!eging that there was no ca!! or
notice #or the pa$ment o# the unpai" subscription an" that%
accor"ing!$% the a!!ege" ob!igation is not en#orceab!e(
LA sustaine" the c!aim #or P15%070(05 an" ru!e" that the
emp!o$er has no right to withho!" pa$ment o# wages a!rea"$
earne" un"er Artic!e 10* o# the Labor )o"e(
NLRC reverse" an" he!" that a stoc'ho!"er who #ai!s to pa$ his
unpai" subscription on ca!! becomes a "ebtor o# the corporation
an" that the set;o& o# sai" ob!igation against the wages an"
others "ue to petitioner is not contrar$ to !aw% mora!s an" pub!ic
po!ic$(
4ence% the instant petition(
ISSUES/HELD: WON the empo!e" ca# o$%et the
empo!ee&% mo#e! ca'm a(a'#%t the amo)#t d)e o# the
empo!ee&% %toc* %)+%c"'pt'o#% , NO
RATIO:
+his is intra;corporate "ispute between the stoc'ho!"er an" the
corporation as in the matter o# unpai" subscriptions( -t is within
the e9c!usive <uris"iction o# the Securities an" =9change
)ommission >8.+ 8LR)?(
@A+ assuming arguendo that the 8LR) ma$ e9ercise <uris"iction
over the sai" sub<ect matter un"er the circumstances o# this
case% the )#pa'd %)+%c"'pt'o#% a"e #ot d)e a#d pa!a+e
)#t' a ca '% made b$ the corporation #or pa$ment(
The co"po"at'o# d'd #ot ma*e a ca -o" pa!me#t
Private respon"ents have not presente" a reso!ution o# the boar"
o# "irectors o# respon"ent corporation ca!!ing #or the pa$ment o#
the unpai" subscriptions( -t "oes not even appear that a notice o#
1
Labor Law Review |Sobrevinas | August December 2014|Page
such ca!! has been sent to petitioner b$ the respon"ent
corporation(
What the recor"s show is that the respon"ent corporation
"e"ucte" the amount "ue to petitioner #rom the amount
receivab!e #rom him #or the unpai" subscriptions( 8o "oubt such
set;o& was without !aw#u! basis% i# not premature( As there was
no notice or ca!! #or the pa$ment o# unpai" subscriptions% the
same is not $et "ue an" pa$ab!e(
Ca#&t %et 't o$ a(a'#%t the .a(e% a#d othe" +e#e/t% o- a#
empo!ee
Assuming that there was a ca!! #or pa$ment o# the unpai"
subscription% the 8LR) cannot va!i"!$ set it o& against the wages
an" other benets "ue petitioner(
Artic!e 11* o# the Labor )o"e a!!ows such a "e"uction #rom the
wages o# the emp!o$ees b$ the emp!o$er% on!$ in three instancesB
>a? -n cases where the wor'er is insure" with his
consent b$ the emp!o$er% an" the "e"uction is to
recompense the emp!o$er #or the amount pai" b$
him as premium on the insuranceC
>b? Dor union "ues% in cases where the right o# the
wor'er or his union to chec'o& has been
recogniEe" b$ the emp!o$er or authoriEe" in
writing b$ the in"ivi"ua! wor'er concerne"C an"
>c? -n cases where the emp!o$er is authoriEe" b$
!aw or regu!ations issue" b$ the Secretar$ o# Labor(
2