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JurisprudenceG.R. No. 192826 -

G.R. No. 192826 - PHILIPPINE PLAZA HOLDINGS, INC., VS. MA. FLORA M. EPISCOPE.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 10151RA 438,RA 198,RA 643,654RA 551,RA 13,RA 313,RA 568,
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TL;DR — Ruling

WHEREFORE , in view of the foregoing, the petition is GRANTED . The assailed Resolutions dated May 30, 2007 and November 14, 2007 of the public respondent NLRC are REVERSED and SET ASIDE . Petitioner is hereby ordered reinstated to her former position without loss of seniority rights and benefits under the Labor Code. The case is hereby remanded to the NLRC for further proceedings on her money claims and other benefits.

Decision

Ruling

Accordingly, the LA held that Episcope's actions rendered her unworthy of the trust and confidence demanded by her position which thus, warranted her dismissal. On appeal, [15] the NLRC affirmed the LA's decision in the May 30, 2007 Resolution. [16] Episcope's motion for reconsideration [17] was likewise denied in the November 14, 2007 Resolution. [18] Ruling of the CA On certiorari , the CA gave due course to the petition and reversed the NLRC's Decision. [19] It found the report submitted by the auditors grossly insufficient to support the conclusion that Episcope was guilty of the charges imputed against her. It described the report as a mere transaction account in tabular form,bereft of any evidentiary worth. It was unsigned and bore no indication of her alleged culpability. The CA likewise did not give credence to the minutes of the administrative hearing because it was based on the same unaudited report. Hence, the CA(1) declared Episcope's dismissal illegal;(2) ordered her reinstatement to her former position without loss of seniority rights and benefits under the Labor Code; and (3) remanded the case to the NLRC for further proceedings on her money claims and other benefits. The dispositive portion of the CA's Decision reads: WHEREFORE , in view of the foregoing, the petition is GRANTED . The assailed Resolutions dated May 30, 2007 and November 14, 2007 of the public respondent NLRC are REVERSED and SET ASIDE . Petitioner is hereby ordered reinstated to her former position without loss of seniority rights and benefits under the Labor Code. The case is hereby remanded to the NLRC for further proceedings on her money claims and other benefits. SO ORDERED.