Herbert Williams v. National Labor Relations Commission (2nd Division), and Days Hotel Philippines Inc., Omnisource Management Inc., and Reynaldo Concepcion

Ruling

WHEREFORE, premises considered, judgment is hereby rendered declaring respondent Days Hotel Inc., Omnisource Management Inc., and Reynaldo A. Concepcion guilty of illegal dismissal, and they are hereby ordered as follows: To pay [petitioner] backwages reckoned from his dismissal up to the date of this [D]ecision in the amount of P2,033,000.00; To pay [petitioner] separation pay in an amount equivalent to one half month pay for every year of service reckoned from the time he was employed up to the time he will actually be paid his separation pay in accordance with the doctrine of imputed service, which as of this date is in the amount of P100,000.00; To pay money claims of [petitioner] in the amount of P751,286.00; To pay moral and exemplary damages in the amount of P500,000.00; and To pay [petitioner] attorney's fee in an amount equivalent to 10% of whatever he may receive by virtue of this [D]ecision. [9] Respondents appealed the Labor Arbiter's Decision to the NLRC. On 26 March 2002, the NLRC reversed the aforesaid Decision and sustained the dismissal of petitioner. The dispositive portion thereof reads as follows: WHEREFORE, all the foregoing duly considered, the decision appealed from is hereby REVERSED and SET ASIDE and a new one entered DISMISSING the [C]omplaint for lack of merit. [10] The NLRC ratiocinated: To begin with, there has been no denial emanating from the [petitioner] as to the utterances made by him to third persons concerning the management style, i.e. work habits or decision making processes of [respondent] Mr. Reynaldo Concepcion. All that is heard from him is that his statements were without malice and taken out of context. x x x x Thus, with the bare answer of the [petitioner] to the charges, there was no need to secure and present the affidavits of either [respondent] Mr. Concepcion or Mr. Matthew Reeves, the latter being the person whom the [petitioner] dissuaded from joining the companies headed by [respondent] Mr. Concepcion. x x x x x x x. We can conceive of no justifiable reason why the [petitioner] should utter the remarks attributed to him to [sic] Ms. Cristy Bollos, President of Maria Plaza Suites and with whom the respondents were negotiating. By his actuation, [petitioner] has recklessly placed in disrepute the character and person of [respondent] Mr. Reynaldo Concepcion. x x x. By making known to other persons his misgivings about his immediate superior, [petitioner] has acted in a manner contrary to and inimical to the best interests of the hotel. Hence, it is Our view that the respondents were justified in discontinuing the services of the [petitioner]. [11] On 10 May 2002, petitioner filed a Motion for Reconsideration of the afore-quoted Decision. On 30 May 2002, the NLRC issued a Resolution denying petitioner's Motion for Reconsideration. Petitioner filed a Petition for Certiorari before the Court of Appeals on 18 October 2002. On 31 August 2004, the appellate court rendered a Decision reinstating the Labor