G.R. No. 131653 - ROBERTO GONZALES, VS. NATIONAL LABOR RELATIONS COMMISSION, PEPSI COLA PRODUCTS, PHILIPPINES, INC..D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, he issued a post-dated check in the amount of P116,182.00. Private respondent PCPPI averred that petitioner's allegation that he was entitled to concessions worth P109,766.00 and that there was an agreement that the same would supposedly be credited to his outstanding account is baseless and self-serving. PCPPI declares that trade concessions are given in goods (softdrink full and empties), and not in the form of cash or credit arrangement. Thus, the post-dated check issued by petitioner was in payment of his previous purchases which had become due and demandable and not in any way related to his alleged entitlement of any concession. [13] In a letter dated September 30, 1993, [14] petitioner was notified of his termination from employment on the ground of loss of confidence and of having violated the company rules and regulations, to wit: "Group III - Frauds and Acts of Dishonesty Engaging in fictitious transactions, fake invoicing, deals padding and other sale malpractices Breach of trust and confidence." Aggrieved, petitioner instituted a case of illegal dismissal, backwages, damages and attorney fees [15] before the Department of Labor and Employment (DOLE), National Capital Region (NCR), Regional Arbitration Branch in Quezon City, and the case was assigned to Labor Arbiter Ramon Valentin C. Reyes. On October 15, 1996, the Labor Arbiter found and declared that petitioner was denied due process when no written notice of the charges against him was received by petitioner prior to his receipt of the notice of termination. Furthermore, there was no justifiable reason for the termination of the employment of petitioner, the Labor Arbiter concluding that the imputation against petitioner was committed by the latter not as an employee but as a concessionaire of private respondent PCPPI, and that there is no showing that private respondent PCPPI suffered damage as a consequence thereof. The dispositive portion of the decision of the Labor Arbiter reads: WHEREFORE, premises all considered, judgment is hereby rendered finding the dismissal illegal and ordering respondent to: Reinstate complainant to his former position without loss of seniority rights and other benefits; Pay complainant backwages from date of termination up to his actual reinstatement; Dismissing the complaint against Florante Manalo for lack of merit. All other claims are dismissed for lack of merit. The Research and Information Unit, this Commission, is hereby directed to effect the necessary computation shall form part of this decision. SO ORDERED.