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Five J Taxi v NLRC

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Five J Taxi v. NLRC
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Five J Taxi and Juan Armamento v. NLRC, Domingo
Maldigan and Gilberto Sabsalon
G.R. No. 111474. August 22, 1994
Fa@ts!
1. Maldigan and Sabsalon were hired by the Five J Taxi as
taxi driver. Nov. 1987 and June 1979, res@e!tively.
a. They wor"ed #or $ days wee"ly on a %$ hour
shi#ting s!hedule.
b. &side #ro' the daily (boundary) o# *7++.++ #or airL
!onditioned taxi or *$-+.++ #or nonLairL
!onditioned taxi, they were also reNuired to @ay
*%+.++ #or !ar washing, and to #urther 'a"e a
"#$.%% de&osit to ans'er (or an) de*@ien@)
in t+eir Lboundar),) #or every a!tual wor"ing
day.
%. SubseNuently, in less than $ 'onths a#ter he was hired,
Maldigan #ailed to re@ort to wor" #or un"nown reasons.
/. Sabsalon was held u@ by his ar'ed @assenger who too"
all his 'oney and stabbed hi'. 0e was hos@italiQed and
a#ter his dis!harge, he went to his ho'e @rovin!e to
re!u@erate.
$. 2hile Sabsalon was reLad'itted to wor" by Five J Taxi, he
was only reNuired to wor" every other day. 0owever, on
several instan!es, he also #ailed to re@ort #or wor" during
his s!hedule. 3es@ite re@eated reNuests #or hi' to re@ort
to wor", he re#used.
-. 4n 1989, Maldigan reNuested Five J Taxi #or the
rei'burse'ent o# his daily !ash de@osits #or % years, but
they told hi' that nothing was le#t o# his de@osits as
these were not even enough to !over the a'ount s@ent
#or the re@airs o# the taxi he was driving. This was
allegedly the @ra!ti!e ado@ted by Five J Taxi to re!ou@
the ex@enses in!urred in the re@air o# their taxi!ab units.
2hen Maldigan insisted on the re#und o# his de@osit,
@etitioners ter'inated his servi!es.
5. Sabsalon, on his @art, !lai'ed that his ter'ination #ro'
Read books, audiobooks, and more
e'@loy'ent was e6e!ted when he re#used to @ay #or the
7. Maldigan and Sabsalon then Wled a !o'@laint with the
NXY: #or illegal dis'issal and illegal dedu!tions.
:o'@laint was dis'issed.
a. The Wling o# the !ase was a 'ere a#terLthought
sin!e it too" the' two years to Wle the sa'e. Su!h
delay is unreasonable.
b. 4t was also dis!overed that Maldigan was wor"ing
#or another taxi !o'@any !alled (Mine o# ;old)
and that Sabsalon was driving a taxi #or (<ula"la"
:o'@any.) <oth o# the' #ailed to !ontrovert the
eviden!e showing this and that they voluntarily
le#t their =obs.
!. 0owever, ordered Five J Taxi and &r'a'ento to
@ay Maldigan and Sabsalon their a@@umulated
de&osits and @ar 'as+ &a)ments.
-ssue! 2>N Maldigan and Sabsalon?s de@osits and !ar
wash @ay'ents should be re#unded. @AS.
Neld/Ratio! De&osits s+ould be re(unded to t+em. Car
'as+ &a)ments s+ould not be re(unded.
1. NXY: held that the *1-.++ daily de@osits 'ade by
res@ondents to de#ray any shortage in their (boundary)
is !overed by the general @rohibition in X: 11$ against
reNuiring e'@loyees to 'a"e de@osits, and that there is
no showing that the Se!retary o# Xabor has re!ogniQed
the sa'e as a (@ra!ti!e) in the taxi industry. There#ore,
the de@osits 'ade were illegal and the res@ondents
'ust be re#unded.
%. 4t !an be dedu!ed that the X:11$ @rovides the rule on
de@osits #or loss or da'age to tools, 'aterials or
eNui@'ent su@@lied by the e'@loyer. :learly the sa'e
does not a@@ly to or @er'it de@osits not to de#ray any
deW!ien!y whi!h the taxi driver 'ay in!ur in the
re'ittan!e o# his (boundary.)
This document is...
/. Further'ore, when Maldigan and Sabsalon sto@@ed
wor"ing #or Five J Taxi, the alleged @ur@ose #or whi!h the
de@osits were reNuired no longer existed. &s su!h, any

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$. 0>2ABAY, Maldigan and Sabsalon are not entitled to the 5. There was nothing to @revent Maldigan and Sabsalon
rei'burse'ent o# the !ar wash @ay'ents. #ro' !leaning the taxi units the'selves i # they wanted to
-. :ar washing a#ter a tour o# duty is a @ra!ti!e in the taxi save *%+. C*
industry, and is, in #a!t, di!tated by #air @lay. 4t is
in!u'bent u@on the driver to restore the unit he has
driven to the sa'e !lean !ondition when he too" it out.

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$. 0>2ABAY, Maldigan and Sabsalon are not entitled to the
rei'burse'ent o# the !ar wash @ay'ents. a free trial.
5. There was nothing to @revent Maldigan and Sabsalon
#ro' !leaning the taxi units the'selves i # they wanted to
-. :ar washing a#ter a tour o# duty is a @ra!ti!e in the taxi save *%+. C*
industry, and is, in #a!t, di!tated by #air @lay. 4t is
in!u'bent u@on the driver to restore the unit he has

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driven to the sa'e !lean !ondition when he too" it out.

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