NLRC junks singer, husband’s claim for back wages
The National Labor Relations Commission in Cebu has dismissed the P2.4-million claim for back wages filed by a local singer and her husband against businesswoman Prisca Niña Mabatid.
The NLRC Seventh Division has reversed labor arbiter Bertino Ruaya Jr.’s decision directing Mabatid to pay Eva Santos and her husband Ruben David their back wages.
Santos and David were former employees of PinoyCare Visa Center where Mabatid is the president. The couple accused Mabatid of constructive dismissal.
David had worked as PinoyCare Visa country manager for the Middle East while Eva served as his co-speaker. The labor arbiter earlier ordered Mabatid to pay the couple their back wages but the decision was overruled.
The NRLC ruled that Mabatid did not constructively dismiss Eva and David.
“Bare allegations of constructive dismissal, when uncorroborated by the evidence on record, cannot be given credence. Mere allegation is not evidence,” read the NLRC’s 18-page decision.
The decision was promulgated on March 28, 2018. It was penned by Commissioner Julie Rendoque and concurred by Presiding Commissioner Violeta OrtizBantug and Commissioner Nendell Hanz Abella.
“Anent our finding that respondents did not constructively dismiss complainants, we, therefore, absolve respondent Mabatid from any liability,” the decision reads.
The NLRC, however, directed Mabatid to pay the couple P199,530 as their last pay and commissions.
Mabatid, who is running for barangay captain in Mabolo, Cebu City, said she was thankful to God for answering her prayers.
“Truth prevailed and justice is served,” said Mabatid.
Mabatid earlier sought the help of the National Bureau of Investigation in Central Visayas in filing a criminal complaint for estafa against the couple after she allegedly bought a townhouse from them and paid P2.5 million only to find out later that it was owned by another person.
The couple then filed a libel complaint before the Office of the Cebu City Prosecutor, accusing Mabatid of besmirching their reputation through a Facebook live interview.