DOMINGUEZ, VS. FERMINA D. MAGSINO.

Ruling

WHEREFORE, finding no reversible error on the part of the NLRC, the assailed decision and orders are hereby AFFIRMED with modification that in lieu of the order of reinstatement, a separation pay shall be awarded to private respondent to be computed at the rate of Ten Thousand Pesos (P10,000.00) for every month for every year of service. [12] The Court of Appeals affirmed the NLRC's holding that petitioners could not present their evidence on appeal for the first time. It further held that even considering their evidence, petitioners had failed to prove that respondent was responsible for the discrepancies between the premiums paid and the premiums remitted so as to justify her termination since no documents were presented by petitioners to substantiate the same. Petitioners moved for a reconsideration, but their motion was denied on July 20, 1999. Hence this petition. Petitioners argue that respondent was dismissed for cause, for loss of trust and confidence, and, therefore, should not have been granted separation pay. In support of their contention, petitioners cite evidence they presented before the National Labor Relations Commission in their memorandum on appeal and motion for reconsideration, consisting of the following: (1) petitioner EDI's April 16, 1993 "notice of violation" to respondent, (2) respondent's letter of resignation, (3) notice of hearing of April 28, 1993, (4) notice of hearing of April 29, 1993, (5) notice of hearing of May 6, 1993, (6) May 6, 1993 letter of petitioner EDI notifying respondent that her letter of resignation could not be considered pending results of the respondent's investigation, and (7) May 20, 1993 notice of respondent's termination. [13] The issues in this case are (1) whether the NLRC correctly disregarded the evidence presented by petitioners on appeal on the ground that they failed to file their position paper before the Labor Arbiter and (2) whether considering such evidence, respondent was dismissed for cause, specifically, for loss of trust and confidence, and after due notice to her. With respect to the first question, the Labor Code provides: ART. 221. Technical rules not binding and prior resort to amicable settlement . In any proceeding before the Commission or any of the Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this Code that the Commission and its members and the Labor Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure, all in the interest of due process. . . . Accordingly, it has been settled that no undue sympathy is to be accorded to any claim of a procedural misstep in labor cases. Such cases must be decided according to justice and equity and the substantial merits of the controversy. [14] Thus, in Bristol Laboratories Employee's Association v . NLRC , [15] the Court held t