G.R. No. 127529 - PEPSI COLA PRODUCTS PHILIPPINES, INC. (FORMERLY PEPSI COLA BOTTLING CO.), VS. NATIONAL LABOR RELATIONS COMMISSION AND RENE ESTILO.

Ruling

WHEREFORE, finding the appeal impressed with merit, as discussed above, the Decision appealed from is SET ASIDE and the case be REMANDED to the Labor Arbiter a quo to conduct the necessary proceedings as soon as practicable for the early disposition hereof." [3] In its instant petition before the Court, petitioner Pepsi Cola Products Philippines, Inc., submits - "x x x that the Public respondent NLRC had acted with grave abuse of discretion amounting to lack or excess of jurisdiction when, despite the Labor Arbiters and its very own categorical findings that Private respondent had been afforded all and every opportunity of submitting his Position Paper with supporting proof in the suit at bench but had failed to do so, the said Public respondent had nevertheless proceeded to accept Private respondents claim that he had been deprived of due process and/or the opportunity to be heard; and in thereby --, in a manner contrary to the dictates of impartiality, justness and fair play and to the untold prejudice of herein Petitioner -- capriciously and whimsically setting aside (on appeal) the clearly correct, just and valid Decision (Appendix D) of the Arbiter as clearly rendered on the basis of substantial evidence on record following proper observance of due process of law." [4] It does appear from the foregoing recital and the comments of private respondent and the NLRC, as well as the "Manifestation and Motion (In Lieu of Comment)" filed by the Solicitor General (who took the same position as that of petitioner), that the sole issue before the Court is whether or not private respondent has been denied due process of law by Executive Labor Arbiter Oscar Uy in rendering a decision based only on petitioners position paper. The petition is meritorious, and the NLRC appears to have indeed gravely abused its discretion in reversing the Labor Arbiter. The records easily substantiate the fact that private respondent has been duly accorded an opportunity to submit his position paper in the proceedings before the Regional Arbitration Branch. On the 15th February 1994 hearing, counsel for private respondent was informed that an order would be issued by the Labor Arbiter for the contending parties to submit their respective position papers along with their supporting evidence. In an order, dated 01 March 1994, Labor Arbiter Uy required the parties to formally make the above submission. The Labor Arbiter attested: "Records show that on March 1, 1994, this Commission issued an Order directing the parties to submit their position paper together with supporting proofs within twenty (20) days from receipt with a reminder that thereafter, the case shall be deemed submitted for decision. Up to this writing, only respondent was able to submit their position paper while complainant failed to do so despite their receipt of the said Order on March 9, 1994." [5] Public respondent NLRC itself, in its own questioned resolution, confirmed the above finding; it said: "Whi