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JurisprudenceG.R. No. 274537 -

G.R. No. 274537 - NOEL C. SUATARON, VS. HAWAIIAN PHILIPPINE COMPANY, INC..D E C I S I O N - Supreme Court E-Library

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Decision

Ruling

Accordingly, the LA held that there was just cause to dismiss Suataron and that his dismissal is a management prerogative, which HPCI may exercise in disciplining its employees, for as long as it does not violate labor laws and it complies with due process requirement, which HPCI was able to do. [14] Aggrieved, Suataron appealed to the NLRC. The NLRC Ruling In a Decision [15] dated May 31, 2021, the NLRC reversed and set aside the LA ruling, and accordingly, ordered HPCI to admit Suataron back to work within 10 calendar days from the receipt of the decision under the same terms and conditions prior to his dismissal. Suataron was likewise ordered to report back to work within 10 calendar days from receipt of HPCI's return-to-work order. His failure to do so would then be deemed as voluntary severance of his employment with HPCI. [16] Finding the penalty of dismissal imposed by HPCI too harsh, the NLRC held that HPCI should have taken into consideration Suataron's unblemished 28 long years of service, its officer's commendation of Suataron's performance and concern for his work, his receipt of President's Award for Sugar Boiling, and the absence of derogatory records in Suataron's 201 File. The NLRC likewise observed that after Suataron found out that the flooding in his work area was caused by the spillage of water from an open nash pump in Pan No. 6 operated by Apsay, he immediately informed the head pan man about it, and asked assistance in cleaning the area, which manifested Suataron's rationality, good judgment, and clear thinking. The NLRC added that it was only after Apsay insisted that the spillage was a normal occurrence that the heated verbal altercation arose between him and Suataron, and a fistfight ensued between them thereafter. The NLRC held that a consideration of the foregoing would lead to a conclusion that Suataron is a desirable worker, whose only concern at work revolves around his best performance, the welfare and preservation of HPCI's properties, and the protection of the company's product from contamination. [17] HPCI moved for reconsideration, which was denied by the NLRC in a Resolution [18] dated October 15, 2021. The NLRC reiterated that Suataron's dismissal was not commensurate to his commission of a lone infraction, which was based on an incident that is not entirely attributable to him. Aggrieved, HPCI appealed to the CA. The CA Ruling In a Decision [19] dated January 26, 2023, the CA reversed and set aside the NLRC ruling, and accordingly, reinstated the LA ruling which dismissed Suataron's complaint for illegal dismissal. [20] The CA held that all the elements of serious misconduct is present in Suataron's case and that the totality of the circumstances merits his dismissal. The CA held that Suataron's physical attack was unprovoked as he and Apsay were merely engaged in a verbal altercation before Suataron threw the first punch. The CA then observed that Suataron's act of following Apsay to the supervisor's office