G.R. No. 190486 - STANLEY FINE FURNITURE, ELENA AND CARLOS WANG, VS. VICTOR T. GALLANO AND ENRIQUITO SIAREZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, respondents are hereby declared guilty of illegal dismissal. As a consequence, they are ORDERED to reinstate complainant to their former position and pay jointly and severally complainants full backwages from date of dismissal until actual reinstatement[.] [15] On appeal, the National Labor Relations Commission reversed [16] the Labor Arbiters decision, ruling that the Labor Arbiter erred in considering the statement, due to the filing of an unmeritorious labor case, as an admission against interest. [17] The National Labor Relations Commission held that: Contrary to the findings of the Labor Arbiter below . . . respondents-appellants allegations in paragraph 5 of their position paper is not an admission that they dismissed complainants-appellees moreso [sic], in retaliation for complainants-appellees filing a complaint against them. Had the Labor Arbiter been more circumspect analyzing the facts brought before him by the herein parties pleadings, he could have easily discerned that complainants-appellees were merely required to explain their unauthorized absences they committed for the month of May 2005 alone. Complainants-appellees did not deny knowledge of the memoranda issued to them on May 23, 25 and 27, 2005 for complainant-appellee Siarez and June 1, 2005 memo for Gallano. That they simply refused receipt of them cannot extricate themselves from its legal effects as the last of which clearly show that it was sent to them thru the mails. . . . . The same holds true with the findings of the Labor Arbiter below that respondents-appellants evidence, Annexes 7 to 74 cannot be admissible in evidence for being mere xerox copies and are easily subjected to interpolation and tampering. Suffice it to state that these pieces of evidence were adduced during the arbitral proceedings below, where complainants-appellees were afforded the opportunity to controvert and deny its truthfulness and veracity that complainants-appellees never objected thereto or deny its authenticity, certainly did not render said documents tampered or interpolated. WHEREFORE, in view of the foregoing, the decision appealed from is hereby REVERSED and SET ASIDE . Respondents-appellants are however ordered to reinstate complainants-appellees to their former position without loss of seniority rights and benefits appurtenant thereto, without backwages. SO ORDERED.