G.R. No. 117196 - LADISLAO P. VERGARA, VS. NATIONAL LABOR RELATIONS COMMISSION AND ARIS PHILIPPINES, INC..

Ruling

WHEREFORE, all the foregoing premises being considered, judgment is hereby rendered finding respondent [Private Respondent Aris Philippines, Inc.] guilty of illegal dismissal and consequently, respondent is hereby ordered to reinstate complainant [petitioner herein] to his former position without loss of backwages from the date of the latters termination until his actual date of reinstatement. Finally, being compelled to litigate, complainant is also awarded attorneys fees equivalent to ten (10%) percent of the monetary award adjudicated to complainant. The Facts The facts of this case are undisputed. Public Respondent NLRC adopted the labor arbiters narration of facts, viz.: [4] This pertains to a complaint for illegal dismissal filed by Ladislao P. Vergara against Aris Philippines, Incorporated. After submitting their respective position papers and replies, a hearing on the merits was conducted where complainant Ladislao P. Vergara was presented as the only complaining witness undergoing direct and cross-examination. During its turn, respondent did not present any witnesses but only offered certified true copies of transcript of stenographic notes of testimonies of its witnesses in a criminal case entitled People of the Philippines versus Ladislao Vergara, Criminal Case No. 4229. After the hearing on the merits, parties agreed to submit their respective memoranda after which the case will be considered submitted for decision. Complainant alleged in his position paper that he was once employed as [a] puncher starting on February 20, 1986 until his termination on November 7, 1987 with a daily compensation of P64.00; that when he reported for work on November 7, 1987, his tour of duty was from 6:00 A.M. to 7:00 p.m.; that he passed the main gate and proceeded directly to the guard house and/or storage area where as a company practice he left his bag containing his reversible jacket and proceeded to the leather department where he performed his duties and responsibilities; that during breaktime at 8:00 a.m. he went to the canteen where he ate his baon and thereafter returned to his work areas [sic]; that during lunch break at 11:30 a.m. complainant went again to the canteen where he bought food and took his lunch after which he again returned to his work area to resume his work; that at 2:00 p.m. more or less, he went to the Personnel Department where he secured an undertime form and filled it up at the Leather Department after which he left to go home; that from the Leather Department, he passed at the Frisking Area where he was bodily inspected by a security guard; that he proceeded to the Guard House where the Storage Area was located and picked up his bag containing his jacket; that while he is [sic] [in] possession of his bag, he proceeded to the main gate where frisking of bags [was] always conducted by a guard; that before reaching the main gate the guard assigned at the Guard House where Storage Area is located called him up and reques