NLRC commissioners Raul Aquino, Romeo Co and Proculo Carmen should not have assumed jurisdiction over the dispute because it had already been decided with finality, according to the complainants.
In July 2003, Carmelo Allanic, Rosita Chingkoe and Rogelio Salas won the illegal dismissal case filed against DKC Holdings Corp., which was run by Rosita Chingkoe’s brother-in-law, Faustino Chingkoe.
DKC Holdings challenged the ruling of labor arbiter Antonio Cea on July 2004. The complainants said the appeal was filed too late, "almost one year after notice of judgment."
"Thus, the commission acquired no jurisdiction over the appeal," the complaint against the three NLRC commissioners read.
However, the three labor officials took up the dispute last January and reversed the labor arbiter’s ruling in July.
"There is no fact or circumstance that would be a cause for departing therefrom (from the earlier ruling). DKC Holdings had been given the right to due process — in fact, more than they actually deserved," the complaint against the NLRC officials stated.
The three labor officials were not immediately available for comment. — Delon Porcalla