Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1998 > November 1998 Decisions > G.R. No. 128957 November 16, 1998 - ANTONIO PARE v. NLRC, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 128957. November 16, 1999.]

ANTONIO PARE, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION and ASIA RATTAN MANUFACTURING CO., INC., Respondents.


D E C I S I O N


BELLOSILLO, J.:


This Petition for Certiorari assails the 31 October 1996 Decision of the National Labor Relations Commission dismissing the Complaint for illegal dismissal plus payment of service incentive leave pay, damages and attorney’s fees filed by Antonio Pare against ASIA RATTAN MANUFACTURING CO., INC., as well as the 22 January 1997 Resolution denying reconsideration of the Decision.chanrobles law library

ASIA RATTAN MANUFACTURING CO., INC., hired Antonio Pare in February 1987 as rattan framer. On 9 November 1992 Pare reported for work as usual but was simply refused entry into the company premises; instead, he was made to answer a certain letter of respondent company failing in which his services would be terminated. In his reply dated 25 November 1992 petitioner explained that he was absent on 29 October, 3, 6, 7 and 9 November 1992 because he took care of his wife who suffered a nervous breakdown. Petitioner’s explanation was apparently accepted by Bienvenido Rivera, Industrial Relations Manager of respondent company, as he ordered his reinstatement but Amelito Quiazon, petitioner’s immediate supervisor, refused to reinstate him; hence, this complaint for illegal dismissal.

ASIA RATTAN MANUFACTURING CO., INC., for its part, alleged that petitioner was not illegally dismissed but, on the contrary, it was petitioner who abandoned his work. On 26 November 1992 petitioner was instructed to report for work but he failed to do so. On 1 December 1992 ASIA RATTAN MANUFACTURING CO., INC., considered petitioner to have abandoned his job and on 28 January 1993 formally terminated his services.

The Labor Arbiter found the dismissal illegal holding that private respondent ASIA RATTAN MANUFACTURING CO., INC., was not able to prove abandonment on the part of petitioner. Thus, the firm was ordered to pay petitioner P4,494.00 representing his service incentive leave, P87,339.07 as back wages and P16,172.05 as separation pay. 1

On appeal the NLRC reversed the Labor Arbiter and ruled that petitioner’s unauthorized absences for several months were tantamount to abandonment, which was a valid ground for dismissal, the term "AWOL" being equivalent to abandonment. 2 His motion for reconsideration having been denied, 3 petitioner now comes to us through this Petition for Certiorari.

A careful perusal of the records reveals that petitioner did not abandon his job; hence, we grant the petition.

As shown in the letter to petitioner by ASIA RATTAN MANUFACTURING CO., INC., he was made to explain only his absences on 29 October, 3, 6, 7 and 9 November 1992; so he did in his explanation of 25 November 1992, which appeared satisfactory. On 9 November 1992 petitioner even reported for work only to be barred from the company premises by his employer.

Quite understandably, petitioner could not be faulted for his previous absences allegedly for the entire months of August and September and half of October 1992. The letter sent to him only required him to explain his absences on 29 October, 3, 6, 7 and 9 November 1992. As correctly observed and aptly rationalized by the Labor Arbiter —

The imputed absences have correspondingly and undisputedly been penalized by suspensions and reprimands, hence, respondents cannot again use same ground for dismissing herein complainant without violating the principle of placing him in double jeopardy. 4

This Court similarly ruled in Pepsi-Cola Distributors of the Philippines, Inc. v. National Labor Relations Commission 5 —

Moreover, private respondent was already penalized with suspensions in some of the infractions imputed to him in this case . . . He cannot again be penalized for those misconduct. The foregoing acts cannot be added to support the imposition of the ultimate penalty of dismissal which must be based on clear and not on ambiguous and ambivalent ground.chanroblesvirtual|awlibrary

Petitioner is not guilty of abandonment where, to be a valid cause for dismissal, there must be concurrence of intention to abandon and some overt act from which it may be inferred that the employee had no more interest to continue working in his job. An employee who forthwith takes steps to protect his layoff cannot by any logic be said to have abandoned his work. 6 Abandonment as a just and valid ground for dismissal requires the deliberate, unjustified refusal of the employee to resume his employment. Two (2) elements must then be satisfied: (a) the failure to report for work or absence without valid or justifiable reason; and, (b) a clear intention to sever the employer-employee relationship. The second element is the more determinative factor and must be evinced by overt acts. Likewise, the burden of proof is on the employer to show the employee’s clear and deliberate intent to discontinue his employment without intention of returning. Mere absence is insufficient. 7

All the abovementioned elements are unavailing in the present case. First, petitioner’s failure to report for work was with justifiable reason. His wife had just suffered a nervous breakdown. Petitioner was under extreme stress in coping with the day to day living. Under the circumstances, we find petitioner’s absences supported with valid reason. Second, petitioner never intended to sever his working relationship with ASIA RATTAN MANUFACTURING CO., INC. Petitioner immediately complied with the memorandum sent by ASIA RATTAN MANUFACTURING CO., INC., requiring him to explain his unauthorized absences. Upon being informed of his termination from service, petitioner filed this complaint for illegal dismissal. Surely, these overt acts negate the conclusion of NLRC that petitioner wanted to sever his employer-employee relationship.

Granting that petitioner filed the complaint for illegal dismissal six (6) months after his termination, the same should not be interpreted as an indicium on his part to permanently cut his working ties with respondent company. Under the law, petitioner has four (4) years within which to institute his action for illegal dismissal.

WHEREFORE, the petition is GRANTED. The Decision of public respondent National Labor Relations Commission of 31 October 1996 dismissing petitioner Antonio Pare’s Complaint for illegal dismissal and payment of his service incentive leave with damages and attorney’s fees, as well as its Resolution of 22 January 1997 denying reconsideration, is REVERSED and SET ASIDE. Private respondent ASIA RATTAN MANUFACTURING CO., INC., is ordered to REINSTATE petitioner Antonio Pare to his former or equivalent position without loss of seniority rights and to PAY him full back wages, inclusive of allowances and other benefits or their monetary equivalent computed from the time these were withheld from him up to the time of his actual reinstatement. This case is ordered REMANDED to the Labor Arbiter for the proper computation of back wages and unpaid salaries due petitioner Antonio Pare. Costs against private Respondent.

SO ORDERED.chanroblesvirtual|awlibrary

Mendoza, Quisumbing, Buena and De Leon, Jr., JJ., concur.

Endnotes:



1. Records, pp. 167-175.

2. Id., pp. 282 and 289.

3. Id., p. 300.

4. Rollo, pp. 30-31.

5. G.R. No. 106831, 6 May 1997, 272 SCRA 270.

6. Nazal v. NLRC, G.R. No. 122368, 19 June 1997, 274 SCRA 350.

7. Brew Master International, Inc. v. National Federation of Labor Unions (NAFLU), G.R. No. 119243, 17 April 1997, 271 SCRA 275.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






November-1998 Jurisprudence                 

  • A.M. No. P-99-1315 November 3, 1998 - JESUSA MANINGAS, ET AL. v. CARLITO C. BARCENAS

  • G.R. No. 136448 November 3, 1998 - LIM TONG LIM v. PHIL. FISHING GEAR INDUSTRIES

  • G.R. No. 137136 November 3, 1998 - NORTHWEST AIRLINES v. CAMILLE T. CRUZ, ET AL.

  • G.R. No. 135913 November 4, 1998 - VICTORIANO B. TIROL v. CIPRIANO A. DEL ROSARIO, ET AL.

  • A.M. No. RTJ-98-1425 November 16, 1998 - DOMINGO G. PANGANIBAN v. PABLO B. FRANCISCO, ET AL.

  • A.M. No. RTJ-99-1504 November 16, 1998 - ANG KEK CHEN v. AMALIA R. ANDRADE

  • G.R. No. 106593 November 16, 1998 - NAT’L HOUSING AUTHORITY v. MAURO T. ALLARDE, ET AL.

  • G.R. No. 106795 November 16, 1998 - STATE INVESTMENT HOUSE v. COURT OF APPEALS, ET AL.

  • G.R. No. 113638 November 16, 1998 - A. D. GOTHONG MANUFACTURING CORP. EMPLOYEES UNION-ALU v. NIEVES CONFESOR, ET AL.

  • G.R. No. 115180 November 16, 1998 - FILIPINO PIPE AND FOUNDRY CORP. v. NLRC, ET AL.

  • G.R. No. 123045 November 16, 1998 - DEMETRIO R. TECSON v. SANDIGANBAYAN, ET AL.

  • G.R. No. 123686 November 16, 1998 - APOLINARIO MELO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124166 November 16, 1998 - BENGUET CORP. v. NLRC, ET AL.

  • G.R. Nos. 125814-15 November 16, 1998 - PEOPLE OF THE PHIL. v. SAMSON PATALINGHUG

  • G.R. No. 126332 November 16, 1998 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL

  • G.R. No. 128361 November 16, 1998 - PEOPLE OF THE PHIL. v. MOROY "SONNY" GALLO

  • G.R. No. 128452 November 16, 1998 - COMPANIA MARITIMA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128957 November 16, 1998 - ANTONIO PARE v. NLRC, ET AL.

  • G.R. No. 131235 November 16, 1998 - UST FACULTY UNION (USTFU) v. BENEDICTO ERNESTO R. BITONIO JR.

  • G.R. No. 131777 November 16, 1998 - PEOPLE OF THE PHIL. v. ROSALINDA ARIOLA

  • G.R. No. 132497 November 16, 1998 - LUIS MIGUEL YSMAEL, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 5170 November 17, 1998 - LILIA FERRER TUCAY v. MANUEL R. TUCAY

  • ADM. MATTER No. RTJ-95-1324 November 17, 1998 - EVARISTO MANAHON v. ALVIN I. TAN

  • G.R. No. 123152 November 17, 1998 - PEOPLE OF THE PHIL. v. RODRIGO LASOLA

  • G.R. No. 129169 November 17, 1998 - NIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 129256 November 17, 1998 - PEOPLE OF THE PHIL. v. JOEL PINCA

  • G.R. No. 130591 November 17, 1998 - PEOPLE OF THE PHIL. v. CARMELO LACABA

  • G.R. No. 130607 November 17, 1998 - PEOPLE OF THE PHIL. v. RUSTICO RIVERA

  • G.R. No. 131499 November 17, 1998 - HERMIE M. HERRERA, ET AL. v. COMELEC

  • G.R. Nos. 132216 & 133479 November 17, 1998 - PEOPLE OF THE PHIL. v. SALVADOR TORIO

  • G.R. No. 132238 November 17, 1998 - PEOPLE OF THE PHIL. v. LITO BAYGAR

  • G.R. No. 133148 November 17, 1998 - J.R. BLANCO v. WILLIAM H. QUASHA, ET AL.

  • G.R. No. 134467 November 17, 1998 - ATLAS CONSOLIDATED MINING & DEV’T. CORP. v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-99-1326 November 18, 1998 - MARIVIC T. BALISI-UMALI v. SIXTO A. PEÑALOSA

  • A.M. No. P-99-1338 November 18, 1998 - ESTELA P. VALLES v. NILA ARZAGA-QUIJANO

  • G.R. No. 103476 November 18, 1998 - CODIDI MATA, ET AL. v. COURT OF APPEALS

  • G.R. No. 106531 November 18, 1998 - FERNANDO GARCIA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 109371 November 18, 1998 - JOSE GAUDIA v. NLRC, ET AL.

  • G.R. No. 122240 November 18, 1998 - CRISTONICO B. LEGAHI v. NLRC, ET AL.

  • G.R. No. 127167 November 18, 1998 - REPUBLIC OF THE PHIL. v. NLRC, ET AL

  • A.M. No. P-94-1080, P-95-1128 & P-95-1144 November 19, 1998 - DINAH CHRISTINA A. AMANE, ET AL. v. SUSAN MENDOZA-ARCE, ET AL.

  • G.R. No. 110048 November 19, 1998 - SERVICEWIDE SPECIALISTS v. COURT OF APPEALS, ET AL.

  • G.R. No. 114198 November 19, 1998 - PEOPLE OF THE PHIL. v. MATEO BALUDDA

  • G.R. No. 114508 November 19, 1998 - PRIBHDAS J. MIRPURI v. COURT OF APPEALS, ET AL.

  • G.R. No. 115412 November 19, 1998 - HOME BANKERS SAVINGS AND TRUST COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 126932 November 19, 1998 - PEOPLE OF THE PHIL. v. PASCUA GALLADAN

  • G.R. No. 127768 November 19, 1998 - UNITED AIRLINES v. WILLIE J. UY

  • G.R. No. 128797 November 19, 1998 - FIRST NATIONWIDE ASSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129096 November 19, 1998 - MARIVIC ZARATE v. COMELEC, ET AL.

  • G.R. No. 129732 November 19, 1998 - PEOPLE OF THE PHIL. v. MARIO BASCO

  • G.R. No. 130772 November 19, 1998 - WALLEM MARITIME SERVICES v. NLRC, Et. Al.

  • G.R. No. 130922 November 19, 1998 - PEOPLE OF THE PHIL. v. ALFREDO REQUIZ

  • G.R. No. 131479 November 19, 1998 - PEOPLE OF THE PHIL. v. ROLANDO GASPAR

  • G.R. No. 131732 November 19, 1998 - PEOPLE OF THE PHIL. v. WILSON CATAMPONGAN, ET AL.

  • G.R. No. 132474 November 19, 1998 - RENATO CENIDO v. AMADEO APACIONADO, ET AL.

  • G.R. No. 132644 November 19, 1998 - ERNESTO DAVID, ET AL. v. CRISTITO MALAY, ET AL.

  • G.R. No. 134685 November 19, 1998 - MARIA ANTONIA SIGUAN v. ROSA LIM

  • A.M. No. P-94-1076 November 22, 1998 - ENRIQUE M. ALMARIO v. JAMESWELL M. RESUS, ET AL.

  • A.M. No. P-99-1341 November 22, 1998 - JULITO BIAG v. LUALHATI GUBATANGA

  • G.R. No. 97914 November 22, 1998 - PEOPLE OF THE PHIL. v. JOEL BROMO

  • G.R. No. 122279 November 22, 1998 - C & A CONSTRUCTION CO. v. NLRC, ET AL.

  • G.R. No. 127566 November 22, 1998 - PEOPLE OF THE PHIL. v. EULALIO PADIL

  • G.R. No. 135562 November 22, 1998 - PEOPLE OF THE PHIL. v. BENITO BRAVO

  • Administrative Case No. 5169 November 24, 1998 - ELMO S. MOTON v. RAYMUNDO D. CADIAO

  • A.M. No. P-99-1351 November 24, 1998 - RENATO G. CUNANAN v. ARTURO C. FLORES

  • G.R. No. 66508 November 24, 1998 - PEOPLE OF THE PHIL. v. FORTUNATO SIOC, ET AL.

  • G.R. No. 102648 November 24, 1998 - DRS. ALENDRY and FLORA P. CAVILES v. EVELYN and RAMON T. BAUTISTA

  • G.R. No. 110559 November 24, 1998 - PEOPLE OF THE PHIL. v. ROLANDO SABAN, ET AL.

  • G.R. No. 111854 November 24, 1998 - BARANGAY BLUE RIDGE "A" OF QUEZON CITY v. COURT OF APPEALS, ET AL.

  • G.R. No. 114671 November 24, 1998 - AURELIO SALINAS v. NLRC, ET AL.

  • G.R. No. 119492 November 24, 1998 - ROLANDO MALINAO, ET AL. v. NLRC

  • G.R. No. 122006 November 24, 1998 - ALLIED INVESTIGATION BUREAU v. SECRETARY OF LABOR & EMPLOYMENT

  • G.R. No. 132748 November 24, 1998 - PEOPLE OF THE PHIL. v. ROLANDO PATRIARCA

  • G.R. No. 135864 November 24, 1998 - AUGUSTO TOLEDO v. COMELEC, ET AL.

  • G.R. No. 138876 November 24, 1998 - PEOPLE OF THE PHIL. v. EGMEDIO LAMPAZA

  • A.M. No. 99-9-141-MTCC November 25, 1998 - HOLD DEPARTURE ORDER ISSUED BY JUDGE FELIPE M. ABALOS

  • A.M. No. MTJ-99-1236 November 25, 1998 - GERMAN AGUNDAY v. NIETO T. TRESVALLES

  • A.M. No. MTJ-99-1237 November 25, 1998 - ALFONSO LUMIBAO, ET AL. v. MAMERTO C. PANAL

  • G.R. No. 109024 November 25, 1998 - HEIRS OF MARCIANO SANGLE v. COURT OF APPEALS, ET AL.

  • G.R. No. 109307 November 25, 1998 - TEODORA SALTIGA DE ROMERO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114262 November 25, 1998 - PEOPLE OF THE PHIL. v. QUIRINO QUIJADA

  • G.R. No. 119466 November 25, 1998 - SALVADOR and LIGAYA ADORABLE. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122823 November 25, 1998 - SEA COMMERCIAL COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 123059 November 25, 1998 - PEOPLE OF THE PHIL. v. EDUARDO CAPILLO

  • G.R. No. 124140 November 25, 1998 - BERNARDO B. RESOSO v. SANDIGANBAYAN

  • G.R. No. 127347 November 25, 1998 - ALFREDO N. AGUILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128389 November 25, 1998 - DON ORESTES ROMUALDEZ ELECTRIC COOPERATIVE v. NLRC, ET AL.

  • G.R. No. 129958 November 25, 1998 - MIGUEL MELENDRES v. COMELEC, ET AL.

  • G.R. No. 134340 November 25, 1998 - LININDING PANGANDAMAN v. COMELEC, ET AL.

  • G.R. No. 116616 November 26, 1998 - PEOPLE OF THE PHIL. v. RICARDO EMBERGA, ET AL.

  • G.R. No. 117929 November 26, 1998 - CORA VERGARA v. COURT OF APPEALS, ET AL.

  • G.R. No. 129955 November 26, 1998 - MARIANO and JULIETA MADRIGAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 134229 November 26, 1998 - LITO and JERRY LIMPANGOG. v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-10-10-SC November 29, 1998 - RE: DISCIPLINARY ACTION AGAINST ANTONIO LAMANO

  • G.R. No. 116320 November 29, 1998 - ADALIA FRANCISCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 119341 November 29, 1998 - EDUARDO FONTANILLA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119350-51 November 29, 1998 - PEOPLE OF THE PHIL. v. MAURO SUBA

  • G.R. No. 123307 November 29, 1998 - SAMUEL BARANGAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 124640 November 29, 1998 - PEOPLE OF THE PHIL. v. JERRY A. CAPCO, ET AL.

  • G.R. No. 126800 November 29, 1998 - NATALIA P. BUSTAMANTE v. RODITO F. ROSEL, ET AL.

  • G.R. No. 127840 November 29, 1998 - PEOPLE OF THE PHIL. v. ROLAND PARAISO

  • G.R. No. 128743 November 29, 1998 - ORO CAM ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. No. 133750 November 29, 1998 - APEX MINING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133927 November 29, 1998 - MA. AMELITA C. VILLAROSA v. COMELEC, ET AL.

  • G.R. No. 135423 November 29, 1998 - JESUS L. CHU v. COMELEC, ET AL.

  • G.R. No. 136191 November 29, 1998 - JESUS O. TYPOCO v. COMELEC, ET AL.