ISAAC PERAL BOWLING ALLEY, PETITIONER, VS. UNITED EMPLOYEES WELFARE ASSOCIATION AND THE COURT OF INDUSTRIAL RELATIONS, RESPONDENTS.

On September 30, 1958, we rendered a decision in “United Employees Welfare
Association vs. Isaac Peral Bowling Alleys” (L-10327), affirming an order
of respondent Court, dated December 9, 1955, directing the reinstatement of
Petronio Beriña, Claro Bordones, Caruos Menodiado and Ramon Arevalo, as pinboys
of respondent therein, Isaac Peral Bowling Alleys, hereinafter referred to as
the Bowling Alleys, with back wages from November 11, 1952 to December 22, 1954.
Upon motion for reconsideration filed by the Bowling Alleys, our aforementioned
decision was clarified in a resolution of this Court, dated November 5, 1958,
reading:

“Acting on the motion for reconsideration filed by respondent in G.R. No.
L-10327 (United Employees Welfare Association vs. Isaac Peral Bowling
Alleys), the Court RESOLVED to clarify its decision rendered on September 30,
1958, in the sense that respondent may deduct the wages or compensation the
four pinboys mentioned therein may have received through employment
during the period of the suspension from the back wages it has been ordered to
pay them in the decision. (Italics supplied.)

Subsequently, the Bowling Alleys reinstated the pinboys aforementioned.
Moreover, in compliance with the above-quoted resolution, respondent Court
proceeded to receive evidence on the hearing of said pinboys from November 11,
1952 to December 22, 1954, so that the amount of said earnings may be deducted
from the back wages they were entitled to receive from the Bowling Alleys,
pursuant to our aforementioned decision, as clarified. Subsequently, or on May
25, 1959, respondent Court issued an order, pertinent parts of which we
quote:

“The evidence presented establishes the facts that:

1. Petronio Beriña—Through his own admission which was not contradicted
   by other evidence, Beriña worked casually and made a total amount of P40.00 only
   during the period of his suspension from November 11, 1952 to December 22,
   1954.

2. Claro Bordones—By agreement of the parties, for having undergone
   military training in the Philippine Army for the period covering July 12, 1954
   to December 30, 1954, Claro Bordones received the total amount of P187.00.

So, therefore, deducting the amounts received by pinboys Beriña and Bordones
during their suspension from the amounts that they shall receive from the
respondent in accordance with the report of the Examiner, dated August 8, 1958,
the total amount shall now be:

1. Carlos Menodiado	P2,167.00		P2,167.00
2. Petronio Beriñas	1,651.69	P40.00	1,611.69
3. Claro Bordones	1,980.75	187.00	1,793.75
4. Ramon Arevalo	1,183.70		1,183.70
			________
Total			P6,758.14

WHEREFORE, the respondent is hereby ordered to deposit with the Court the
amount of P6,756.14 within five (5) days from receipt of this order for further
disposition thereof and, in case of failure, the Clerk of Court is hereby
directed to issue a writ of execution in accordance thereto.”

The Bowling Alleys moved for a reconsideration of this order, but the motion
was denied by a resolution of respondent Court sitting en banc. The case
is now before us on appeal by certiorari, taken by the Bowling Alleys, from said
order of May 25, 1959 and the resolution confirmatory thereof. The petition for
review by certiorari was given due course insofar only as pinboys Petronio
Beriña and Claro Bordones are concerned.

The Bowling Alleys maintains, upon the authority of our decision in
Philippine Association of Free Labor Unions, et al., vs. Tan, et al., (99
Phil. 854; 52 Off. Gaz., [13] 5836), Administrator of Hacienda Luisita Estate
vs. Artemio Alberto, L-12133 (October 31, 1958) and Teodora Donato
vs. Phil. Marine Officers Association, et al., L-12506 (May 10, 1959),
that respondent Court had no jurisdiction to further hear this case for the
purpose of receiving evidence and determining how much backpay is due to
Petronio Beriña and Claro Bordones. This pretense is devoid of merit, for said
decisions refer to the jurisdiction of respondent Court under Republic Act No.
875, whereas the evidence in question was received and the order appealed from
issued upon the authority of Commonwealth Act No. 103, as amended. Indeed, the
present appeal is but an incident of Case No. 751-V(1) of respondent Court,
which was commenced on October 10, 1952, or prior to the approval of the
Industrial Peace Act on June 17, 1953. Having already acquired jurisdiction over
the case, said Court retained, pursuant to section 27 of Republic Act No. 875,
its authority to hear and decide all incidents thereof, according to the
provisions of Commonwealth Act No. 103, until all issues therein shall have been
fully settled and disposed of.

It is next urged that respondent Court should have deducted from the back
wages of Petronio Beriña and Claro Bordones the additional sums of P60.00 and
P248.00, respectively, which according to the Bowling Alleys, have been earned
by said pinboys, during the period aforementioned, aside from the amounts stated
in the order appealed from. Suffice it to say, that the case is before us on
appeal by certiorari (Commonwealth Act No. 103, section 14) in which questions
of fact can not be raised (Indias vs. Philippine Iron Mines, 101 Phil.,
278; 54 Off. Gaz., [6] 817; Operators, Incorporated vs. Pelagio, 99
Phil., 893; 52 Off. Gaz., [17] 7268; Dee C. Chun & Sons, Inc. vs.
Nahag, 95 Phil., 837; Tok Big Wedge Mining Co. vs. Atok Big Wedge Mutual
Benefit Assn., 93 Phil., 62; Javellana vs. Barilea, 92 Phil., 600; H. E.
Heacock vs. NUL, et al., 95 Phil., 553; 50 Off. Gaz., No. 9, 4233; Dee C.
Chuan vs. CIR, 85 Phil., 356; Kaisahan Ng Manggagawa (CLO) vs.
CIR, 81 Phil., 566; Olaivar vs. Meralco, 71 Phil., 503, 505).

Wherefore, the order and the resolution appealed from are hereby affirmed,
with costs against petitioner Isaac Peral Bowling Alleys. It is so
ordered.

Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Reyes, J.B.L.,
Barrera, Paredes, Dizon, De Leon, and Natividad, JJ., concur.