G.R. No. 111639 - MIDAS TOUCH FOOD CORPORATION, WILSON CHU & RAMON T. LUY, VS. NATIONAL LABOR RELATIONS COMMISSION AND IRIS FE ISAAC.

Ruling

WHEREFORE, finding the dismissal of complainant Iris Fe B. Isaac to be valid and justified, this case, impugning the legality of the same, should be, as it is hereby DISMISSED. However, respondent Midas Touch Foods Corporation and its chairman of the Board, Wilson Chu and President Ramon T. Luy, for reason afore-discussed, are hereby ordered to pay said complainant the total amount of P52,682.10, comprising her one (1) month separation pay, proportionate 13th month pay, unpaid wages from November 1 to 6, 1987 and her sick and vacation leave." Petitioners and respondent Isaac appealed the aforequoted decision to the NLRC. Petitioners questioned the award of separation pay. Wilson Chu and Ramon Luy asked that they be relieved of personal liabilities. Respondent Isaac, on the other hand, argued that the Labor Arbiter committed an error in relying on the undocumented, self-serving and hearsay evidence which were gathered only after she was terminated. She further stressed that there was lack of investigation prior to her termination. Petitioners failed to present their witnesses during the hearing of the case. [4] In its decision, rendered on July 20, 1993, the NLRC reversed the Labor Arbiter and decided: [5] "WHEREFORE, premises considered, the appealed decision is modified by declaring the complainant as having been illegally dismissed. Consequently, respondents are ordered to pay complainant the following amounts: 1) backwages for three years from November 7, 1987; 2) separation pay in lieu of reinstatement equivalent to one month pay for every year of service, which is to be computed as to include the period of three years she was awarded backwages; 3) proportionate 13th month pay for 1987; and 4) unpaid wages from November 1 to 6, 1987. All other claims of the complainant are dismissed for lack of merit." Petitioners now come before us assailing the decision of the NLRC, without filing any motion for reconsideration. While a motion for reconsideration under the Rules of Court is required before a petition for certiorari is filed, the rules admit of certain exceptions, among which is the finding that under the circumstances of the case, a motion for reconsideration would be useless. [6] In this case, the NLRC had reversed the decision of the Labor Arbiter and no new issues were raised in this appeal. We find it quite impossible for the NLRC to reverse itself under the foregoing facts and so, a motion for reconsideration will be deemed useless. Hence, by reason of justice and equity, we resolve to settle the issues on the merits in order to avoid further delay. We believe that the contrariety of views between the Labor Arbiter and the NLRC mandates us to consider the legality of the dismissal of respondent Isaac as the primary issue to be resolved. In doing so, it is but appropriate that we lay the legal basis for the conclusions we are to espouse in respect to the petition at hand. The requisites of a valid dismissal are (1) the dismissal must be