G.R. No. 155278 - PRUDENCIO J. TANJUAN, VS. PHILIPPINE POSTAL SAVINGS BANK, INC.; PEDRITO TORRES; AND CHAIRMAN AND MEMBERS OF THE BOARD. DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the present petition is hereby DENIED DUE COURSE and accordingly DISMISSED for lack of merit. Consequently, the Resolution dated August 31, 2001 issued by the National Labor Relations Commission in CA No. 026604-00/NCR-30-11-00567-99 is hereby AFFIRMED with MODIFICATION in the sense that in the event petitioner Prudencio J. Tanjuan is absolved from any liability arising from the act or omission complained of in OMB-0-98-2342 filed before the Office of the Ombudsman, respondent Philippine Postal Savings Bank, Inc. is hereby ordered to promptly release his separation pay, after the usual clearance/s as required by law." [4] The assailed Resolution denied petitioner's Motion for Reconsideration. The Facts The CA narrated the facts as follows: "Petitioner Prudencio J. Tanjuan (petitioner for brevity) was employed by respondent Philippine Postal Savings Bank, Inc. (respondent PPSBI for brevity), a government financing institution and a subsidiary of the Philippine Postal Corporation (Philpost), as Property Appraisal Specialist and Officer-in-Charge of its Credit Supervision and Control Department. At the time material to this case, he was on his fourth year of service. "On November 13, 1998, respondent Pedrito Torres (respondent Torres for brevity), PPSBI's President and Chief Executive Officer, issued Memorandum 145-98 addressed to petitioner and five (5) other employees belonging to its Accounts Management Department and Credit Supervision and Control Department charging them with negligence in the performance of duties and misrepresentation in violation of Article VI, Sections 2 (d) and 3 (d) of the bank's rules and regulations for approving the applications for loan of Corinthian de Tagaytay and Clavecilla Marine Service. They were given five (5) days within which to submit their written explanations otherwise they shall be considered to have waived the filing of the same. "On November 27, 1998, petitioner submitted his written explanation alleging that he merely reviewed and validated the findings of the Property Appraiser. "On January 11, 1999, OP Order No. 003-99 was issued by respondent Torres to petitioner informing him of his preventive suspension for a period of ninety (90) days in view of the pending administrative investigation against him. The next day, petitioner, represented by counsel, wrote respondent Torres asking for the lifting of the order of preventive suspension on the ground that pursuant to Secs. 24 and 36 of The Ombudsman Act of 1989 (R.A. No. 6770), only the Ombudsman may preventively order his suspension. Respondent Torres, on January 14, 1999, replied that the preventive suspension was an internal decision of respondent PPSBI in connection with the pending administrative case against petitioner and not pursuant to any complaint filed with the Office of the Ombudsman. Moreover, being a subsidiary of a government-owned and controlled corporation with [an] original charter, the pertinent civil