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MA. FE BACOS v. DOMINGO ARCEGA

FACTS:

Domingo Arcega filed a complaint for illegal dismissal and other monetary claims against Viabel International Garments, Inc. and/or Marlon Viado. The Labor Arbiter rendered a decision in favor of Arcega, ordering the respondents to pay backwages, separation pay, service incentive leave pay, 13th month pay, and attorney's fees. The decision became final and executory. A writ of execution was issued and sewing machines belonging to Viabel and/or Viado were levied. Maria Fe Bacos filed a notice of third-party claim, alleging that the machines were sold to her by Viado. Arcega filed an opposition, arguing that the claim was frivolous and spurious. The Labor Arbiter dismissed the third-party claim, and the NLRC affirmed the dismissal. The Court of Appeals also dismissed the petition, holding that Bacos failed to substantiate her claim that the machines were sold to her by Viado. Bacos did not provide convincing evidence, such as the testimony or affidavit of the notary public who allegedly notarized the contested document. Moreover, she did not specify the circumstances of her alleged ownership or attach the deed of sale covering the alleged sale.

ISSUES:

  1. Whether the petitioner has substantiated her claim that the levied properties were sold to her prior to the levy.

  2. Whether the Court of Appeals erred in dismissing the petition.

RULING:

  1. The Court held that the petitioner failed to substantiate her claim that the levied properties were sold to her prior to the levy. The Court noted that aside from the Deed of Absolute Sale, which was considered spurious, the petitioner did not present any other convincing evidence, such as the testimony or affidavit of the notary public who allegedly notarized the document. Furthermore, the petitioner's notice of third-party claim did not specify the circumstances of her alleged ownership of the properties and she failed to attach the deed of sale covering the alleged sale.

  2. The Court of Appeals did not err in dismissing the petition. The Court adopted the findings of the NLRC regarding the non-inclusion of the deed of sale and the lack of convincing evidence to support the petitioner's claim.

PRINCIPLES:

  • In cases involving third-party claims, the burden of proving ownership of the property subject to the claim rests on the third-party claimant. (N/A)