G.R. No. 172528 - JANSSEN PHARMACEUTICA, vs. BENJAMIN A. SILAYRO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is rendered ordering respondents firm to reinstate complainant to his former or equivalent position without backwages. All other claims are hereby dismissed. [27] On appeal, the NLRC modified the Decision of the Labor Arbiter by declaring that reinstatement was improper where respondent was dismissed for just and authorized causes. [28] In a Decision dated 7 May 2003, it pronounced that: WHEREFORE , premises considered, complainants appeal is hereby DISMISSED . The decision of the Labor Arbiter is hereby AFFIRMED with MODIFICATION deleting the award of reinstatement. [29] Respondent filed a Petition for Certiorari under Rule 65 of the Rules of Court before the Court of Appeals. In reversing the Decision of the NLRC, the appellate court pronounced that the causes were insufficient for the dismissal of respondent since respondents acts were not motivated by dishonesty, but were caused by mere inadvertence. Thus, it concluded that the offenses committed by respondent merited only a penalty of suspension for five months without pay. The appellate court also noted that petitioner committed some lapses in its compliance with procedural due process. It further took into account the successive deaths and sickness in respondents family. [30] The dispositive part of the decision reads: WHEREFORE , premises considered, the petition is GRANTED . Thus, the Decision and Resolution respectively dated 7 May 2003 and 14 October 2003 are hereby SET ASIDE . Accordingly, Judgment is hereby rendered: a) Declaring petitioners dismissal to be illegal; b) Reinstating petitioner to the same or equivalent position without loss of seniority rights and other privileges; c) Ordering the payment of backwages (inclusive of allowances and other benefits or their monetary equivalent), computed from the time compensation was withheld up to the time of actual reinstatement; Provided that, from such computed amount of backwages, a deduction of five (5) months (sic) salary be made to serve as penalty; and d) If reinstatement is no longer feasible, ordering the payment of separation pay comprising of one month salary per year of service computed from date of employment up to finality of this decision, in addition to the award of backwages. Let the records of this case be remanded to the Labor Ariter a quo for the proper computation of the foregoing. [31] Hence, this Petition, wherein the following issues were raised: I WHETHER OR NOT THE COURT OF APPEALS GRAVELY ERRED IN REVERSING THE UNIFORM FACTUAL FINDINGS OF THE NLRC AND THE LABOR ARBITER. II WHETHER OR NOT RESPONDENTS DISMISSAL FOR HIS FAILURE TO TRUTHFULLY ACCOMPLISH REPORTS, DELIBERATE AND REPEATED FAILURE TO SUBMIT REQUIRED REPORTS AND HIS DELIBERATE DISREGARD OF HIS SUPERIORS ORDER TO SURRENDER HIS ACCOUNTABILITIES TANTAMOUNT TO DISHONESTY, GROSS AND HABITUAL NEGLECT OF DUTY, WILLFUL DISOBEDIENCE OF COMPANY POLICY, AND BREACH OF TRUST AND CONFIDENCE REPOSED IN HIM BY THE COMPAN