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EN BANC

G.R. No. L-5594 May 15, 1953

ATOK-BIG WEDGE MINING CO., Petitioner, vs. ATOK-BIG WEDGE MUTUAL BENEFIT ASSOCIATION, Respondent.

Pedro Lopez for petitioner.
Sanidad, Ayson & Casia for respondent.

PARAS, C.J., J.:

Aclayan Bayo, a laborer at the Atok-Big-Wedge Mining Co., Inc., was suspended and subsequently dismissed by the latter because he was allegedly apprehended on February 28, 1951, by a company's policeman with a bag of gold ores concealed under his left armpit, taking advantage of the cover of darkness. The propriety of the action of the company forthwith came up before the Court of Industrial Relations which, in its original decision of December 8, 1951, authorized the dismissal. However, upon motion for reconsideration, that court in banc, in its resolution dated March 4, 1952, set aside the original decision and ordered the company to reinstate Aklayan Bayo and pay him his back wages from February 28, 1951 up to his actual reinstatement. The company has appealed by way of certiorari.chanroblesvirtualawlibrary chanrobles virtual law library

The lower court held that Aklayan Bayo is entitled to reinstatement, "not because he was acquitted by the Justice of the Peace Court, but because there was no evidence what so ever of the alleged breach of trust or of any sufficient reason to distrust him."chanrobles virtual law library

The herein petition contends that, although Aklayan Bayo was prosecuted for theft before the justice of the peace of the Itogon, Mountain Province, and was acquitted, the " conviction or acquittal in the criminal case was not absolutely necessary to authorize his dismissal by his employer, as long as facts which tend to show that Bayo had been guilty of a breach of trust exist;" that, notwithstanding the acquittal, the facts remains that Aklayan Bayo was caught concealing in his person a bag containing gold ores.chanroblesvirtualawlibrary chanrobles virtual law library

The finding of the Court of Industrial Relations that the alleged breach of trust is not supported by any evidence, is one of fact which is not authorized to review, much less alter, in the present instance. Indeed, in its petition the petitioner intimate that the justice of the peace acquitted Aklayan Bayo in the theft case by virtue of circumstance which, however, did not disprove the fact that gold ores were found in his possession, against the law and against the regulations of the company; and to adopt petitioner's theory would necessarily result in our interference with the ruling of the Court of Industrial Relations on a question of fact.chanroblesvirtualawlibrary chanrobles virtual law library

Wherefore, the appealed resolution is affirmed with costs against the petitioner. So ordered.chanroblesvirtualawlibrary chanrobles virtual law library

Feria, Pablo, Bengzon, Tuason, Reyes, Jugo, Bautista Angelo and Labrador, JJ., concur.