G.R. No. 117055 - SAN MIGUEL CORPORATION,VS. NATIONAL LABOR RELATIONS COMMISSION, HON. QUINTIN B. CUETO III AND VIRGILIO TORRES.

Ruling

WHEREFORE, with the above discussion and after thorough scrutiny of the records and evidences of this above entitled case, this Executive Labor Arbiter hereby rules to DISMISS the Complainants Complaint against Respondent San Miguel Corporation for lack of merit as his termination is based on lawful and justifiable grounds. "That although it is decreed that the dismissal of the Complainant is valid, still by reason of fairness, equity, humanitarian consideration and compassion, the Complainant with the expectation that this will not happen again in his future endeavors and in consonance with the previous offer made by Respondent to the Complainant as earlier discussed, it is hereby ordered that the Respondent San Miguel Corporation should allow and grant Complainant the privilege to retire from the company with the availment of 100% benefits as practiced by the company, accruing from the time said offer was first made. "The other claims of the complainant are hereby DISMISSED for lack of merit." From this decision, both petitioner and private respondents appealed but the NLRC dismissed both appeals "for lack of merit" through the assailed Resolutions. In finding that the twin requirements for legal dismissal, namely just cause and due process, were observed, the NLRC said: [5] "Complainant contends that his dismissal was not founded on a just cause to terminate employment. "An examination of the records shows that the suspension of the complainant which led to his termination was precipitated by the third of three (3) infractions he committed against the company, the first and second of which occurring in 1982 and 1983, respectively, for which he was likewise meted out the same penalty. While it is true that labor laws in this jurisdiction have been enacted not only to favor the workingman, but also to recognize and respect the rights of the employer, such a set-up does not provide the employees with the green light to disregard the reasonable rules drawn up by management for harmonious relations between labor and capital in the machinery of production. Success in any given enterprise cannot be attained without industrial peace and harmony where discipline plays a pivotal role. Thus, while employers are obliged to give their employees just compensation and treatment, they have also the right to expect from their workers dedicated service, diligence, honesty and good conduct. "In the case at bench, complainants malpractice of collecting beer empties and receiving cash without issuing the corresponding official receipts therefor to his customers has constrained respondent to act in order to protect its interest. In pursuing its defensive stance, the Commission recognizes the right of respondent to take punitive action against an employee where there exists a just cause sufficient in law to authorize the exercise of such prerogative inherent to its self-preservation and continued existence. For "(T)he law in protecting the rights of the laborer au