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SECOND DIVISION

G.R. No. L-56591 January 17, 1983

MA. LOURDES T. CRUZ and RIZAL COMMERCIAL BANKING CORPORATION EMPLOYEES ASSOCIATION, Petitioners, vs. THE HON. MINISTER OF LABOR AND EMPLOYMENT and RIZAL COMMERCIAL BANKING CORPORATION, Respondents.

Lamberto C. Nanquil for petitioners.chanrobles virtual law library

Siguion, Reyna, Montecillo & Ongsiako for private respondent.

DE CASTRO, J.:

On November 21, 1979, respondent bank Rizal Commercial Banking Corporation (RCBC) filed an application for clearance to terminate the services of its remittance clerk, Ma. Lourdes Cruz, for gross negligence which was opposed by the latter by filing a complaint for illegal dismissal. On February 11, 1980, the Regional Director resolved the case by lifting petitioners preventive suspension and directing the bank to reinstate her with full back-wages. In support of his order, the Director held that the record is bereft of any substantial proof tending to show that Lourdes Cruz has committed act of gross negligence as imputed to her.chanroblesvirtualawlibrary chanrobles virtual law library

From the aforementioned order, RCBC appeal on the ground of abuse discretion on the part of the Director who issued the same. Specifically, the bank terminated the services of petitioner Cruz for the following reasons: chanrobles virtual law library

1. Some l98 foreign checks received by the bank for the period from February to July 1979 were found missing and verified to have been brought by petitioner to her house: chanrobles virtual law library

2. On September 2, 1979, sixteen additional checks received by the bank in August, 1979 were found inside petitioner's drawer; andchanrobles virtual law library

3. She concealed her failure to transmit the checks to respondent s correspondent bank abroad.chanroblesvirtualawlibrary chanrobles virtual law library

The Director's order was modified by Minister Ople in his order of March 10, 1981 by setting aside the award of back-wage ruling that although petitioner violated certain rules of the bank, the degree of her offense does not warrant her outright dismissal from the service, and that it is more attuned to the compassionate approach of administering labor disputes to have her reinstated as a second opportunity to make good in her job. Further, the Minister pointed out that petitioner admitted having committed the said infractions when she was first investigated by the bank authorities, and she reiterated such admission in her complaint and opposition; but this time she claimed to have acted upon orders of her superior officer, although she did not elaborate how she was led to commit the infraction; and that the denial of backwages will serve as a penalty for her infractions and is intended to as a fitting lesson and reminder for her future conduct in office.chanroblesvirtualawlibrary chanrobles virtual law library

Petitioner now assails the order of the Minister of labor and claims that respondent bank utterly failed to adduce any evidence to support its accusation except the unsubstantial findings of a committee which investigated the matter without giving her an opportunity to be heard. She likewise asserts that the bank filed an appeal without furnishing her with a copy of such appeal thus deprived her of the chance to refute the allegations therein; and that contrary to the statement of the Minister of Labor in his questioned order, she never made any admission of the negligence imputed to her, for she was not even summoned during the investigation.chanroblesvirtualawlibrary chanrobles virtual law library

Her assertion that she was not given the chance to be heard is belied by the records of the case. The minutes 1of the investigation showed that the gross negligence imputed to her as remittance clerk was substantiated. Thus -

Q. How long does it take you to prepare a transmittal? chanrobles virtual law library

A. First, the checks have to be microfilmed, then stamped before the transmittal form is prepared.chanroblesvirtualawlibrary chanrobles virtual law library

Q. On the average? chanrobles virtual law library

A. Depending on the volume of checks, thirty minutes.chanroblesvirtualawlibrary chanrobles virtual law library

Q. If you could have been working 30 minutes a day, you should have updated your work? chanrobles virtual law library

A. Yes.chanroblesvirtualawlibrary chanrobles virtual law library

Q. Since February, did you tell any officer of the branch about these pending items? chanrobles virtual law library

A. No.chanroblesvirtualawlibrary chanrobles virtual law library

Q. Did you not think that these officers could have helped you about your problem? chanrobles virtual law library

A. No.chanroblesvirtualawlibrary chanrobles virtual law library

Q. Did you recognize the importance of sending out these checks? chanrobles virtual law library

A. I was trying to mail them actually. Only, the transmittals are not signed yet. I was afraid to tell the officer that there are many checks accumulated in me - kept pending. ...chanroblesvirtualawlibrary chanrobles virtual law library

Q. Before you acquired the microfilming machine in the branch, these checks are sent to H.O. for microfilming?chanrobles virtual law library

A. I sent them to H.O. through out Settling Clerk. I receive them the following day at 9:00 a.m.chanroblesvirtualawlibrary chanrobles virtual law library

Q. Why did you not have these subject checks microfilmed? chanrobles virtual law library

A. These checks are not, yet stamped. Once they are microfilmed, they will be mailed.chanroblesvirtualawlibrary chanrobles virtual law library

Q. Do you prepare the transmittal before microfilming? chanrobles virtual law library

A. Yes chanrobles virtual law library

Q. Why did you not do it? chanrobles virtual law library

A. (No answer)chanrobles virtual law library

Q. Did you realize the necessity of stamping the checks? chanrobles virtual law library

A. So that these checks cannot be negotiated further.chanroblesvirtualawlibrary chanrobles virtual law library

Q. A check not stamped once lost, can be a direct loss to the Bank, So, why did you not rubber stamp the check? chanrobles virtual law library

A. (No answer) chanrobles virtual law library

Q. Once you receive the check for deposit or encashment, they should be rubber stamped.chanroblesvirtualawlibrary chanrobles virtual law library

A. Once I receive checks. I bring them immediately to Mr. Evangelista or Rolly Santiago prior to stamping.chanroblesvirtualawlibrary chanrobles virtual law library

Q. Once it is approved? chanrobles virtual law library

A. I post them to the ledger.

xxx xxx xxx

Q The rubbert stamping is very simple and the microfilming was not done by you and the checks come back to you the following day. These procedures are very simple and we don't see any point why you failed to do this simple step of rubber stamping, Can you give us any explanation on this? chanrobles virtual law library

A (No answer) chanrobles virtual law library

Q Based on these procedures during your period, could your officers have known what was going on even without your specifically telling them so?chanrobles virtual law library

A Actually in my job, I don't think they will know there are pending checks in me unless there will be an audit.

Petitioner's claim that she was denied due process is likewise without basis. She was given the chance to explain and exonerate herself of the charges during the investigation. It was incumbent upon her to prove her innocence but she failed to do so. Her allegation in her complaint that she acted only in obedience to her superior's order is an obvious after thought which should not be given credence. She failed to adduce an iota of evidence to support her allegation.chanroblesvirtualawlibrary chanrobles virtual law library

The Court is convinced that petitioner's guilt was substantially established. Nevertheless, We agree with respondent Minister's order of reinstating petitioner without backwages instead of dismissal which may be too drastic. Denial of backwages would sufficiently penalize her for her infractions. The bank officials acted in good faith. They should be exempt from the burden of paying backwages. The good faith of the employer, when clear under the circumstances, may preclude or diminish recovery of backwages. 2Only employees discriminatorily dismissed are entitled to backpay. 3Petitioner's act is, unquestionably inimical to the interest of the bank. No one can begrudge the bank for reacting thereto the way it did to protect its holdings. It had only to be tempered as the Minister of Labor judiciously did, chanrobles virtual law library

WHEREFORE, the petition for certiorari is hereby dismissed. Without costs.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Makasiar, Aquino, Concepcion Jr., and Guerrero, JJ., concur.chanroblesvirtualawlibrary chanrobles virtual law library

Escolin, J, I reserve my vote.

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Separate Opinions

ABAD SANTOS, J., concurring: chanrobles virtual law library

I concur with the observation that the petition could have been summarily dismissed for lack of merit and for raising factual issues.chanroblesvirtualawlibrary chanrobles virtual law library

Separate Opinions

ABAD SANTOS, J., concurring:

I concur with the observation that the petition could have been summarily dismissed for lack of merit and for raising factual issues.


Endnotes:


1 pp. 39-41, Original Records.chanrobles virtual law library

2 Findlay Millar Timber Co. vs. PLASLU; 6 SCRA 226

3 Cromwell Comm. Employees & Laborers Union vs. CIR; 13 SCRA 259.



























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