October 2009 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
G.R. No. 170525 - Baron Republic Theatrical Major Cinema, et al. v. Normita P. Peralta and Edilberto H. Aguilar
THIRD DIVISION
[G.R. NO. 170525 : October 2, 2009]
BARON REPUBLIC THEATRICAL, MAJOR CINEMA, WILSON PASCUAL and RODRIGO SALAZAR, Petitioners, v. NORMITA P. PERALTA and EDILBERTO H. AGUILAR, Respondents.
D E C I S I O N
PERALTA, J.:
Before the Court is a Petition for Review on Certiorari under Rule 45 of the Rules of Court which seeks the reversal of the Decision1 of the Court of Appeals (CA) dated March 31, 2005 in CA-G.R. SP No. 57483 and its Resolution2 dated October 25, 2005, denying petitioners' Motion for Partial Reconsideration.3 The CA Decision in question set aside the April 16, 1999 Decision of the National Labor Relations Commission (NLRC) in NLRC NCR CA NO. 014340-984 and reinstated with modification the Decision of the Labor Arbiter dated August 15, 1997 in NLRC NCR CASE NO. 00-05-04048-94.5
The factual and procedural antecedents, as narrated by the CA, are as follows:
Petitioner [herein respondent], Normita P. Peralta ("PERALTA") was hired by BARON REPUBLIC THEATRICAL ("BARON") sometime in 1983 as a ticket seller and was later on promoted as General Manager. As General Manager she received a salary of Four Thousand Pesos (P4,000.00) a month.
On March 14, 1993, she was informed by the owner and operator of BARON, respondent [herein petitioner] Rodrigo Salazar ("SALAZAR") that her employment was already terminated effective that day. She was not given any reason why her services were being terminated. Thereafter, she filed a case for illegal dismissal with claim for reinstatement, payment of backwages, unpaid salary, 13th month pay, service incentive leave, damages and attorney's fees against her employer, BARON/SALAZAR.
As to petitioner [herein respondent] Edilberto H. Aguilar ("AGUILAR"), he was hired as electrician/air-conditioner operator at MAJOR CINEMA ("MAJOR") sometime in January of 1983. AGUILAR received a salary of NINETY-SEVEN PESOS (P97.00) per day and his salary was not increased even after the statutory minimum salary was increased.
In May 1994, he was informed by the owner-operator of MAJOR, [herein petitioner] Wilson Pascual ("PASCUAL"), that his employment was terminated effective that day. No explanation was given to AGUILAR why his service was being terminated. Hence, he filed a complaint against his employers, PASCUAL/MAJOR for illegal dismissal, payment of wage differentials as a result of underpayment, overtime pay, holiday and rest day/pay and service incentive leave pay.6
On August 15, 1997, the Labor Arbiter handling the case rendered a Decision, the dispositive portion of which reads:
WHEREFORE, judgment is hereby rendered:
1. Ordering respondent Rodrigo D. Salazar to pay complainant NORMITA P. PERALTA, the following amounts:
13th month pay ......................................... P12,000.00Service incentive leave pay ..................... 1,999.95 One month pay in lieu of notice ............... 4,000.00 Separation pay ( P2,000.00 x 4 years -
November 21, 1988 to March 14, 1993) ....8,000.00 5% attorney's fees ....................................... 1,300.00 TOTAL AWARD ............ P27,299.952. Declaring the dismissal of complainant EDILBERTO H. AGUILAR by respondent WILSON PASCUAL to be illegal and ordering the latter to reinstate the former to his former position without loss of seniority rights and other privileges and pay him the following amount:
Backwages until reinstatement, computed as of August 15, 1997 ................................. P149,158.5013th month pay (P140,158.50 over 12) ........ 11,679.90 Salary differentials (underpayment) ............ 2,740.40 13th month pay for the underpayment .......... 228.40 5 day per year SILP for 3 years .................... 1,860.00 5% attorney's fees ......................................... 7,833.75 TOTAL AWARD FOR AGUILAR P164,501.25All other claims are DISMISSED for insufficiency of evidence and/or lack of merit.
SO ORDERED.7
The Labor Arbiter ruled that Peralta's dismissal was not illegal as the establishment where she was working closed due to business losses and closure of business or establishment is one of the authorized causes recognized by law in dismissing an employee. On the other hand, the Labor Arbiter held that Aguilar's dismissal was illegal for failure of Pascual to present evidence that the former's dismissal was for a just cause.
On appeal, the NLRC modified the Decision of the Labor Arbiter. The decretal portion of the NLRC Decision reads as follows:
WHEREFORE, premises considered, the Decision of the Labor Arbiter is hereby modified and a new one entered:
1. Ordering respondent Rodrigo D. Salazar to pay complainant NORMITA P. PERALTA, the following amounts:
One month pay in lieu of notice P4,000.00Separation pay ( P2,000.00 x 4 yrs.
Nov.21, 1998 to March 14, 1993)8,000.00 - - - - - - - - - - - - - - TOTAL AWARD P12,000.002. Declaring that complainant EDILBERTO H. AGUILAR has voluntarily terminated his employment with respondent WILSON PASCUAL but ordering the latter to pay the former:
Salary differentials (underpayment) P2,740.4013th month pay for the underpayment 228.40 - - - - - - - - - - - - - TOTAL AWARD FOR AGUILAR P2,968.80SO ORDERED.8
In its Decision, the NLRC reversed the Labor Arbiter's ruling that Aguilar was illegally dismissed. Instead, it gave credence to Pascual's representation that it was Aguilar who refused to return or report for work and was guilty of abandonment. The NLRC held that it is against logic for Pascual to terminate Aguilar on the spot without any substitute because his services are essential to Pascual's business. The NLRC ruled that, aside from his self-serving statements, Aguilar failed to show proof that he was indeed terminated.
Herein respondents filed a Motion for Reconsideration,9 but the NLRC denied it in its Resolution10 dated September 28, 1999.
Respondents then filed a Petition for Certiorari with the CA assailing the abovementioned Decision and Resolution of the NLRC.11 ???�r?bl?�
