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FIRST DIVISION
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G.R. No. 120038.
DIANA E. BELAUNZARAN, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, CASINO ESPANOL DE CEBU, GLENN IVAN LOOP and PABLO PIDO, JR., .
D E C I S I O N
PADILLA, J.:
Petitioner Diana E. Belaunzaran has filed this petition for certiorari under Rule 65, Rules of Court, seeking to set aside the decision of public respondent National Labor Relations Commission (NLRC) Fourth Division in NLRC Case No. V-0439-03 (RAB VII-01-0129-92) which affirmed in toto the decision of Labor Arbiter Nicasio Anion declaring private respondents not guilty of illegal dismissal.
Petitioner Belaunzaran was hired by private respondent Casino
Espanol de Cebu, Inc. on P8,000.00 plus a signing
privilege of P1,000.00 (later increased to P2,000.00) and a 40%
discount on restaurant chits.
Some time in August 1991, petitioner applied for vacation leave
to take effect on
Two (2) days after she returned to work, petitioner was informed by private respondents Loop and Pido, Jr. that the Board of Directors had arrived at a consensus to ask petitioner to resign. It appears that several employees including the union president and storekeepers of Casino Espanol complained to management about petitioners failure to conduct an investigation on the loss of stocks and supplies placed in their trust. Petitioner was told that if she resigned, the management would be willing to pay her separation pay equivalent to one (1) month pay for every year of service plus thirteenth (13th) month pay for 1991.
On
Private respondents, in their defense, claimed that petitioner
was not dismissed but that she abandoned her job. Private respondents also
contended that even if petitioner was indeed dismissed, her dismissal would be
for cause as she had incurred unauthorized absences beginning
After the parties had submitted their position papers, the Labor Arbiter rendered judgment, the dispositive part of which states:
"WHEREFORE, judgment is hereby rendered declaring
respondents not guilty of illegal dismissal and complainant not guilty of
abandonment. However, respondent firm is
directed to pay complainant the amount of SIXTY FOUR THOUSAND (P64,000.00)
PESOS representing separation pay and another P8,000.00 representing
complainants 13th month pay for the year 1991.
All other claims are dismissed for lack of merit
SO ORDERED." 1 cräläwvirtualibräry
Thereafter, petitioner appealed to the National Labor Relations Commission (NLRC) which rendered a decision affirming in toto the decision of the Labor Arbiter. 2 cräläwvirtualibräry
Petitioner now comes to this Court seeking to set aside the decision of the NLRC on the following grounds:
"1. Respondent NLRC acted whimsically or capriciously in total disregard of the evidence on record and made conclusions on matters not supported by the evidence on record;
"2. Respondent NLRC acted whimsically or capriciously amounting to grave abuse of discretion in totally disregarding evidence material to or even decisive to controversy.
"3. Respondent NLRC totally disregarded clear and convincing evidence to support the claim of petitioner for damages." 3 cräläwvirtualibräry
The basic contention of petitioner is that, contrary to the findings of the Labor Arbiter and the NLRC, private respondents are guilty of illegal dismissal and as a consequence thereof, petitioner should be awarded backwages as well as moral and exemplary damages in addition to the separation pay and thirteenth (13th) month pay already awarded.
Both public and private respondents filed their comments on the
petition. They refuted the assignment of
errors made by petitioner. Specifically,
they aver that the decision of the NLRC is supported by evidence and that the
NLRC did not err in absolving private respondents of the charge of illegal
dismissal. On
A perusal of all the pleadings filed by the parties leads the Court to dismiss the petition. The Court notes preliminarily that petitioner did not file a motion for reconsideration of the assailed decision. Save for a perfunctory claim that since the assailed decision is a patent nullity, hence, the filing of a Motion for Reconsideration would be useless and unnecessary, petitioner has not endeavored to show any justifiable reason for the omission. The Court has consistently ruled that before certiorari may be availed of, petitioner must have filed a motion for the reconsideration of the order or act complained of to enable the tribunal, board, or office concerned to pass upon and correct its mistakes, if any, without the intervention of the higher court. 5 cräläwvirtualibräry
In any case, it is well-settled in this jurisdiction that factual findings of the NLRC, particularly when they coincide with those of the Labor Arbiter, are accorded respect, even finality, and will not be disturbed for as long as such findings are supported by substantial evidence. 6 In this case, the Labor Arbiter, sustained by the NLRC, categorically made a finding that private respondents did not at all dismiss petitioner. Thus -
"The pivotal issue to be resolved is whether or not complainant was illegally dismissed. We do not find complainants contention that she was illegally dismissed meritorious. Contrary to the allegation of the complainant no constructive dismissal can be deduced from the proposal of the board to resign. When the board of directors requested her to submit her resignation, it was more out of concern rather than the intent to dismiss that complainant who might be subjected to embarrassment if the charges levelled against her by the union president, Vidal Miscala, and the two storekeepers Alexander Lomo and Benito Longakit were investigated. If it was really the intention of respondent to dismiss, it would have carried its plan by advising the complainant either orally or in writing that she was dismissed. The record is bereft of evidence to show that respondents notified or informed the complainant that she had been dismissed. As correctly pointed out by the respondents, what could have led complainant to think that she was constructively dismissed was when she saw Mr. Garcia in her office on November 19, 1991. The presence of Mr. Garcia in her office cannot be construed that complainant was replaced by him. The hiring of Mr. Eduardo Garcia as a consultant was justifiable because at the time that the Board made its decision on October 5, 1991, complainant had not reported back and respondent firm had to prepare for the forthcoming three big events namely: Ciestas de Navidad (Christmas Day), New Years Ball, and Three Kings which the club members customarily celebrate every year. At the time complainants conclusion that she was constructively dismissed, was based only on presumption or conjecture. This is evident from her testimony taken down during the proceedings of June 1, 1992.
ATTY. MALILONG (on cross-examination):
Q - Now, when was the time you saw Mr. Garcia in your office? On what date for the first time?
WITNESS:
A - On November 19, 1991.
Q - And when you saw him on November 19, 1991, your feeling was that you immediately believed that you are replaced directly by Mr. Garcia?
A - Yes, sir. That was exactly my feeling.
Q - You considered yourself, when you saw Mr. Garcia as having been dismissed?
A - Yes."
Complainant did not even ascertain why Mr. Garcia was occupying her office on that day.
HON. LABOR ARBITER
Q - When you saw Mr. Garcia occupying your office, did you have a talk with him?
WITNESS:
A - No sir. I just went outside.
HON. LABOR ARBITER:
Q - Did you not call him up through telephone or by any conversation (communication) why he was already occupying your office?
A - I did not feel that I should talk to him. I expected that it should be the board who will talk to me.
HON. LABOR ARBITER:
Q - Did you not inquire from the two individual respondents in this case why is it that Mr. Garcia was already occupying your office?
A - No more, sir." 7 cräläwvirtualibräry
What led the petitioner to believe that she had been dismissed was the hiring of Mr. Eduardo Garcia who petitioner mistakenly thought was her replacement. As found by both the Labor Arbiter and the NLRC, Mr. Garcia was hired merely as a consultant to oversee the preparations then being made by Casino Espanol for the activities during the Christmas season. Contrary to the claim of petitioner, the foregoing findings of the Labor Arbiter and the NLRC are supported by evidence on record and the Court finds no reason to disturb them.
With respect to private respondents countercharge that petitioner had abandoned her job, the Labor Arbiter ruled that petitioner is not guilty of abandonment. 8 The Court is not inclined to disturb this finding as well. Nonetheless, petitioners actuation, e.g., going on a prolonged unauthorized leave, certainly gave credence to private respondents claim that they have already lost their trust and confidence in her. The Court notes that after her meeting with the Board of Directors on 18 November 1991, petitioner never reported back to work despite disapproval of her leave applications. 9 cräläwvirtualibräry
And when private respondents asked her, some time in January 1992, to submit her resignation letter or if not, to submit her written explanation to the complaints against her, petitioner immediately filed a complaint for illegal dismissal thereby preempting an investigation by private respondents on the matter. It must be stated that private respondents did not violate any law when it gave petitioner the option to resign because there is nothing illegal with the practice of allowing an employee to resign instead of being separated for just cause, so as not to smear her employment record. 10 cräläwvirtualibräry
There being no dismissal nor abandonment to speak of, the status quo between petitioner and private respondents should be maintained as a matter of course. But as found by the Labor Arbiter, the reinstatement of petitioner is no longer feasible due to a deep antagonism between her and private respondents. 11 Thus, in lieu of reinstatement, petitioner was correctly awarded separation pay equivalent to one (1) month pay for every year of service plus thirteenth (13th) month pay which is based on the original offer of private respondents. 12 cräläwvirtualibräry
However, petitioners claim that in addition to separation pay, she is likewise entitled to backwages as well as moral and exemplary damages is without basis. Backwages in general are granted on grounds of equity for earnings which a worker or employee has lost due to illegal dismissal. 13 Upon the other hand, moral damages are recoverable only where the dismissal of the employee was attended by bad faith or constituted an act oppressive to labor or was done in a manner contrary to morals, good customs or public policy while exemplary damages may be awarded only if the dismissal was effected in a wanton, oppressive or malevolent manner. 14 None of these grounds are present in this case precisely because petitioner was not at all dismissed by private respondents.
WHEREFORE, in view of the foregoing, petition is hereby DISMISSED. The decision of respondent NLRC dated 8 December 1994 is AFFIRMED.
SO ORDERED.
Bellosillo, Kapunan, and Hermosisima, Jr., JJ., concur.
Vitug, J., on leave.
Endnotes:
1 Rollo, p. 36.
2 Id., p. 26.
3 Id., pp. 10-15.
4 Id., p. 84.
5 Philippine National Construction Corp. PNC) vs. NLRC, 245 SCRA 668 (1995).
6 PCI Automation Center, Inc. vs. NLRC, G.R. No. 115920, 29 January 1996; Zanotte Shoes, Inc. vs. NLRC, 241 SCRA 261 (1995); Morales vs. NLRC, 241 SCRA 103 (1995).
7 Rollo, pp. 32-34.
8 Id., p. 35.
9 Id., p. 102.
10 Sicangco vs. NLRC, 235 SCRA 96 (1994); Samaniego vs. NLRC, 198 SCRA 111 (1991).
11 Rollo, p. 35.
12 Indophil Acrylic Mfg. Corp. vs. NLRC, 226 SCRA 723 (1993).
13 Industrial Timber Corporation-Stamply Operation vs. NLRC, G.R. No. 112069, 14 February 1996; Sigma Personnel Services vs. NLRC, 224 SCRA 181 (1993); St. Louis College of Tuguegarao vs. NLRC, 177 SCRA 151 (1989).
14 Garcia vs. NLRC, 234 SCRA 632 (1994); Spartan Security and Detective Agency, Inc. vs. NLRC, 213 SCRA 528 (1002); NASECO vs. NLRC, 168 SCRA 122 (1988).