G.R. Nos. 146121-22 - SAN MIGUEL CORPORATION and GERIBERN ABELLA, vs. NATIONAL LABOR RELATIONS COMMISSION (First Division), LABOR ARBITER PEDRO RAMOS and ERNESTO IBIAS. D E C I S I O N - Supreme Court E-Library

Ruling

accordingly dismissed him. [13] On 30 March 1998, respondent filed a complaint for illegal dismissal against SMC and Geribern Abella, assistant vice president and plant manager of the Metal Closure and Lithography Plant. On 2 September 1998, Acting Executive Labor Arbiter Pedro C. Ramos rendered his Decision, [14] finding respondent to have been illegally dismissed and ordering his reinstatement and payment of full backwages, benefits and attorney's fees. [15] The labor arbiter believed that respondent had committed the absences pointed out by SMC but found the imposition of termination of employment based on his AWOPs to be disproportionate since SMC failed to show by clear and convincing evidence that it had strictly implemented its company policy on absences. It found nothing in the records that would show that respondent was suspended for his previous AWOPs before he was meted the maximum penalty of discharge from service and thus, it ruled that management was to be blamed for the non-implementation of and lax compliance with the policy. It also noted that termination based on the alleged falsification of company records was unwarranted in view of SMC's failure to establish respondent's guilt. It observed that the medical card was under the care of Siwa and thus it was he who should be responsible for its loss and the insertion of falsified entries therein. SMC appealed the decision to the National Labor Relations Commission (NLRC) on 13 November 1998. On 31 March 1999, the NLRC First Division affirmed with modification the decision of the labor arbiter. [16] The NLRC found that there was already a strained relationship between the parties such that reinstatement was no longer feasible, so instead it granted separation pay equivalent to one (1) month for every year of service. It also deleted the award of attorney's fees. [17] The NLRC, on 30 June 1999, denied the parties' respective motions for reconsideration of its decision. On 2 September 1999, respondent filed a special civil action for certiorari assailing the NLRC decision and resolution. SMC filed its petition for certiorari on 3 September 1999. The cases were consolidated. On 28 June 2000, the Court of Appeals rendered its Decision affirming the findings of the labor arbiter and the NLRC relative to the illegality of respondent's dismissal but modifying the monetary award. The dispositive portion of the decision reads: WHEREFORE , the decision of the public respondent modifying the decision of the labor arbiter is SET ASIDE and the decision of the labor arbiter is hereby REINSTATED with the modification that the payment of the full backwages and other benefits would be from 2 July 1997 up to 14 October 1998. SO ORDERED.