G.R. No. 211210 - RADAR SECURITY & WATCHMAN AGENCY, INC., VS. JOSE D. CASTRO.DECISION - Supreme Court E-Library

Ruling

WHEREFORE , the appeal filed by the [respondent] is hereby DISMISSED for lack of merit. Accordingly, the Decision dated August 31, 2012 of Labor Arbiter Eduardo J. Carpio is AFFIRMED . [5] The Ruling of the Court of Appeals On appeal, the CA ruled and affirmed in its 24 October 2013 Decision [6] that there was indeed no dismissal actual or construction in the present case. Petitioner was able to present evidence in support of its claim that there were two (2) detail orders issued in favor of respondent for his new assignments. However, it explained that since there was no showing that said detail orders were actually received by respondent, the latter cannot be blamed into thinking that petitioner had no intention of posting him. Consequently, the appellate court made its own pronouncement that the instant controversy was a clear case of "misunderstanding" between the parties, triggered by the letter designating respondent to be a trainee only which prompted him to believe that he was demoted from being a regular employee to a mere trainee, thus, his refusal to report for duty. It therefore concluded that since there was neither dismissal nor abandonment in the present case, and considering further that the factual milieu of the case suggested strained relations between the parties, respondent is entitled to separation pay instead of reinstatement, including his entitlement to backwages, 13 th month pay, holiday pay, and service incentive leave pay. The dispositive portion of which states: WHEREFORE , in view of the foregoing, the instant Petition is partially GRANTED . The assailed Decision dated January 29, 2013 and Resolution dated March 20, 2013 rendered by public respondent NLRC (FIRST DIVISION) in NLRC NCR Case No. NCR-03-03828-12/NLRC LAC No. 11-003222-12 are hereby AFFIRMED WITH MODIFICATION . [Respondent] Jose D. Castro is hereby DECLARED to be entitled to separation pay, unpaid wages from September 13, 2011-October 26, 2011, holiday pay and service incentive leave pay for the years 2008-2011, proportionate 13 th month pay for the year 2011 and attorney's fees. The case is REMANDED to the arbitration Branch of origin for the determination and detailed computation of the monetary benefits due [respondent] JOSE D. CASTRO which [petitioner] RADAR SECURITY & WATCHMAN AGENCY (INC.) should pay without delay. [7] Petitioner's Partial Motion for Reconsideration of said Decision was subsequently denied for lack of merit in the Resolution of 29 January 2014. [8] Hence, this appeal. In support thereof, petitioner raises the following grounds: (1) the CA committed grave abuse of discretion amounting to lack of or in excess of jurisdiction in awarding separation pay to respondent even after it affirmed the unanimous findings of the NLRC and the LA that there was no illegal dismissal in this case; and (2) the CA committed grave abuse of discretion amounting to lack of or in excess of jurisdiction in reversing the rulings of the NLRC regarding the deni