G.R. No. 179801 - BANK OF THE PHILIPPINE ISLANDS AND BPI FAMILY BANK, VS. HONORABLE NATIONAL LABOR RELATIONS COMMISSION (FIRST DIVISION) AND MA. ROSARIO N. ARAMBULO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, and in the interest of justice and equity, judgment is hereby rendered PARTIALLY GRANTING the appeal and, in conformity therewith, MODIFYING the assailed Decision dated 10 November 2003 insofar as AWARDING herein complainant-appellant separation pay/severance pay/financial assistance equivalent to one-month pay inclusive of allowances and other like benefits for every year of service counted from 20 April 1972 up to 17 January 2003, plus attorney's fees equivalent to 10% of the total amount of the herein award and, finally, DIRECTING respondents-appellees banks to forthwith pay the said award. [14] The NLRC observed that respondent failed to address the charges of 46 instances of forgeries cited in the labor arbiter's decision. The NLRC did not accept respondent's invocation of good faith in affixing her signatures on the withdrawal slips and held that these numerous lapses indicate failure on her part as branch manager to oversee and ensure the implementation of an effective system of check and balances in the processing, disposition and monitoring of deposits and withdrawals, among others. However, the NLRC believed that BPI failed to prove that respondent affixed her signatures on the deposit slips with malice or bad faith. Hence, in the interest of justice and equity, separation pay was granted. Petitioner filed a motion for partial reconsideration of the NLRC decision and argued that respondent's misdeeds constitute serious misconduct and reflect upon her moral character. Petitioner advanced that, therefore, respondent should not be given separation pay. [15] The NLRC denied it for lack of merit. [16] Thereupon, petitioner filed a petition for certiorari with the Court of Appeals. The appellate court, finding no grave abuse of discretion on the part of the NLRC, affirmed its decision and order. While upholding respondent's dismissal for loss of trust and confidence as lawful, the appellate court declared that petitioners failed to prove by the requisite quantum of evidence that respondent was motivated by bad faith or with unlawful intent to gain, when she affixed her signatures on the withdrawal slips. Considering that her dismissal was not based on serious misconduct or that which negatively reflected on her moral character, the appellate court justified the granting of separation pay. [17] In the instant petition, BPI essentially questions the award of separation pay. It argues that the very existence of respondent's signature on the forged withdrawal slips in such frequency and involving huge amounts of money, transacted beyond banking hours, and without the presence of the clients, should be sufficient to hold respondent liable for fraud, thus negating the finding of good faith. [18] BPI urges this Court to give more weight to the explanations made by its witnesses against the blanket denial of respondent. [19] BPI stresses that under the principle of command responsibility, respondent should be held liab