CIRINEO BOWLING PLAZA, INC.

, petitioner,
vs.
GERRY SENSING, BELEN FERNANDEZ, MIRASOL DIAZ, MARGARITA ABRIL, DARIO
BENITEZ, MANUEL BENITEZ, RONILLO TANDOC, EDGAR DIZON, JOVELYN QUINTO, KAREN
REMORAN, JENIFFER RINGOR, DEPARTMENT OF LABOR AND EMPLOYMENT and COURT
of APPEALS, respondents.
NATURE OF THE CASE: Special Civil Action for Certiorari under Rule 65 of Rules of Court

FACTS: On November 27, 1995, one of the employee of the petitioner filed a letter
complaint with the DOLE in Dagupan District, Dagupan City for inspection and
investigation of the petitioner for various labor law violations such as underpayment
of wages, 13th month pay, non-payment of rest day pay, overtime pay, holiday pay
and service incentive pay. Pursuant to the visitorial and enforcement of the
Secretary of Labor and Employment, his duly authorized representative conducted
an inspection/investigation and validated such complaint. Petitioner was then called
for a hearing for four(4) times, however, failed to appear. DOLE then ordered the
petitioner for lawful remuneration amounting to Php377,500.58 for the thirteen(13)
affected employees and also to submit proof of payments, and adjust the salaries of
the employees and to submit proof thereof within the same period.
The claims of two(2) of the thirteen(13) affected employees have been settled and
thereby dismissed. However the order for the remaining eleven(11) employees still
stands. On October 21, 1996, DOLE Director Maximo B. Lim issued a writ of
execution. Having such act, the petitioner attacked the validity of such writ,
averring that the DOLE Director do not have the jurisdiction to decide on such case,
thus, praying that it should be dismissed.
ISSUE: WON the DOLE Director has a jurisdiction over the case.
HELD: YES. Pursuant to the provisions of Article 128 of the Labor Code, the
Secretary of Labor or his duly authorized representatives, including labor regulation
officers, shall have access to employers records and premises at any time of the
day or night whenever work is being undertaken, and the right to copy therefrom, to
question any employee and investigate any fact, condition or matter which may be
necessary to determine violations or which may aid in the enforcement of this Code
and of any labor law, wage order or rules and regulartions issued pursuant thereto.
Therefore, the instant petition was dismissed.