Maraguinot, Jr. v. NLRC (1998)

Maraguinot, Jr. v. NLRC, G.R. No. 120969, January 22, 1998, Davide, Jr., J.:

1. Background

• [The Complainant] Alejandro Maraguinot, Jr. maintains that he was employed by private respondents on 18 July 1989 as part of the filming crew… About four months later, he was designated Assistant Electrician… In June 1991, he was promoted to the rank of Electrician… in September 1991.

• [The Complainant] Paulino Enero, on his part, claims that [the Company] employed him in June 1990 as a member of the shooting crew… in May 1991, then… on 21 December 1991.

• [The Complainants’] tasks consisted of loading, unloading and arranging movie equipment in the shooting area as instructed by the cameraman, returning the equipment to Viva Films’ warehouse, assisting in the “fixing” of the lighting system, and performing other tasks that the cameraman and/or director may assign.

• Sometime in May 1992, [the Complainants] sought the assistance of their supervisor, Mrs. Alejandria Cesario, to facilitate their request that private respondents adjust their salary in accordance with the minimum wage law. In June 1992, Mrs. Cesario informed [the Complainants] that Mr. Vic del Rosario would agree to increase their salary only if they signed a blank employment contract. As [the Complainants] refused to sign, [the Complainants] forced Enero to go on leave in June 1992, then refused to take him back when he reported for work on 20 July 1992. Meanwhile, Maraguinot was dropped from the company...

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