G.R. No. 164181 - NISSAN MOTORS PHILS., INC., VS. VICTORINO ANGELO.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, you are hereby given a period of three (3) days from receipt hereof to submit your written answer. In the meantime, you are hereby placed on preventive suspension effective immediately. A hearing will be conducted by Mr. AA del Rosario, on May 13, 2000 at 9:00 a.m. at the Company's conference room (Fairlady). Respondent filed a Complaint [5] for illegal suspension with the Department of Labor and Employment (DOLE) on May 12, 2000. Petitioner conducted an investigation on May 13, 2000, and concluded that respondent's explanation was untrue and insufficient. Thus, on June 13, 2000, petitioner issued a Notice of Termination. [6] Respondent amended his previous complaint against petitioner on June 22, 2000, to include the charge of illegal dismissal. [7] On September 29, 2000, the Labor Arbiter rendered a Decision [8] dismissing respondent's complaint for lack of merit. Undaunted, respondent brought the case to the National Labor Relations Commission (NLRC), which eventually rendered a Resolution [9] dated February 14, 2002 dismissing the appeal and affirming the Labor Arbiter's Decision. Respondent's motion for reconsideration of the NLRC resolution was subsequently denied on May 13, 2002. [10] Aggrieved, respondent filed a petition for certiorari [11] under Rule 65 of the Rules of Court with the CA and the latter granted the same petition in its Decision dated March 24, 2004, the dispositive portion of which reads: WHEREFORE, the petition is GRANTED. The assailed resolutions dated February 14, 2002 and May 13, 2002 are REVERSED and SET ASIDE. The petitioner is hereby reinstated and the private respondents are ordered to pay him backwages from the time of his illegal dismissal. SO ORDERED.