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JurisprudenceG.R. No. 126805 -

G.R. No. 126805 - PHILIPPINE AIRLINES INC., VS. NATIONAL LABOR RELATIONS COMMISSION (3RD DIVISION) AND MARCELITO PESCANTE.DECISION - Supreme Court E-Library

Cited Laws

RA 671,RA 117,RA 536,RA 38,RA 545,RA 109,RA 824,RA 200,RA 401,
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TL;DR — Ruling

WHEREFORE, foregoing premises considered, the complaint is, as it is hereby DISMISSED for lack of merit and the dismissal of the complaint is declared to be for a valid and for just and lawful cause. However, since complainant has served the respondent company for almost eight (8) years without adverse records and on ground of equitable consideration, we hereby adjudge an award of P5,000.00 by way of financial assistance. SO ORDERED.

Decision

Ruling

Accordingly, private respondent and Vicente submitted their respective affidavits in answer to the charge. After several hearings, both were found guilty as charged and were meted the penalty of dismissal from the service. [6] Private respondent elevated his case to petitioner's Step III Grievance, but the same was denied. On May 27, 1994, private respondent filed before the labor arbiter, a complaint for illegal dismissal with prayer for reinstatement and payment of backwages, damages and attorney's fees. On July 31, 1995, the labor arbiter ruled that private respondent had direct involvement in the illegal pooling of baggage, which is a scheme to obtain secret profits for himself and that such act of attempting to defraud petitioner of its revenues warranted the termination of private respondent from the service. The labor official thus decreed: "WHEREFORE, foregoing premises considered, the complaint is, as it is hereby DISMISSED for lack of merit and the dismissal of the complaint is declared to be for a valid and for just and lawful cause. However, since complainant has served the respondent company for almost eight (8) years without adverse records and on ground of equitable consideration, we hereby adjudge an award of P5,000.00 by way of financial assistance. SO ORDERED.