G.R. No. 110062 - AQUINAS SCHOOL, VS. HON. BIENVENIDO S. MAGNAYE, LABOR ARBITER,* DEPARTMENT OF LABOR AND EMPLOYMENT (NCR) AND MARITES M. UMALI. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, petitioner required private respondent to explain her failure to reply and comply with its instructions. In answer, private respondent averred that she was already "under the care of a cardiologist and a psychiatrist," as shown in the medical certificate issued by Dr. Luz Burgos of the National Center for Mental Health. Unsatisfied with private respondent's explanation, petitioner reiterated its request for the former to submit herself to a medical examination to be conducted by its own physician. She was also required to explain why she left the school premises on October 9, 1991. Disdaining to furnish an explanation for her behavior, she stubbornly refused to undergo a medical examination. Consequently, in a letter dated November 19, 1991, petitioner denied her applications for sick leave and terminated her services on the grounds of willful disobedience of the formers lawful orders and abandonment due to prolonged absence without official leave. In a complaint for illegal termination filed by private respondent and submitted for arbitration as agreed upon by the parties before the National Conciliation and Mediation Board on December 5, 1991, the following issues were brought up for resolution: (1) whether the acts of private respondent constitute willful disobedience of the lawful orders of the school authorities; (2) whether private respondent's absences amount to abandonment, hence equivalent to gross and habitual neglect of her duties; and (3) whether private respondent was accorded due process. The Labor Arbiter found private respondent guilty of willful disobedience, as defined in Article 282 of the Labor Code, but decreed that she did not commit any act of abandonment that would justify her dismissal. Although ruling that private respondent was not accorded due process, still, he found the penalty of dismissal highly disproportionate to the misconduct committed. He, therefore, gave petitioner the option to reinstate private respondent without loss of seniority or, if no longer feasible due to strained relations, to pay private respondent separation pay equivalent to one (1) month's pay for every year of service, with no backwages. Both parties filed their respective motions for reconsideration which the Labor Arbiter denied declaring: WHEREFORE, premises considered, the Motions for Reconsideration filed by both parties are hereby denied for lack of merit. Respondent Aquinas School is ordered to pay Complainant Marites M. Umali separation pay equivalent to one (1) month's pay for every year of service for seven (7) years or P33,446 (7 yrs. x P4,778) plus monthly salary at reinstatement month (April 1992) equivalent to P4,778 or a total separation pay of P38,224. Petitioner comes before this Court alleging that the Labor Arbiter committed grave abuse of discretion: 1. in concluding that private respondent did not abandon her work at petitioner-school despite the explicit finding and conclusion that all her leave application