G.R. No. 148766 - JOSE V. SALVADOR, VS. PHILIPPINE MINING SERVICE CORPORATION.DECISION - Supreme Court E-Library

Ruling

Accordingly, on November 7, 1997, respondent found petitioner guilty of fraud, serious misconduct, breach of trust and confidence, violation of the companys rules and regulations and violation of his contractual obligations with respondent company. Petitioners services were terminated. [10] Petitioner filed a complaint for illegal dismissal with the Labor Arbiter. According to petitioner, on September 29, 1997, he reported for work at the plant at 7:00 a.m. and was on duty as shift boss until 12:00 midnight. At about 9:00 to 9:30 a.m., he went to the stockyard for inspection. While checking the stockpiles, he saw that some lumpy ore mixed with and spilt over the fine ore near the divider of the two stockpiles. Further examination revealed that there was a cluster of lumpy ore buried at the base of the fine ore stockpile. Petitioner immediately took action to clean the contamination. He left the stockyard and went to the plant across the highway to secure his dust foe. When he returned to the stockyard, he saw that his private cargo truck has arrived. His truck was hired by his business partner, Ondo Alcantara, to haul dolomite spillage which their business purchased from respondent. Petitioner claimed that, in order to save time, he personally operated respondents payloader, scooped the contaminated fine ore in the stockpile and loaded it on his private cargo truck. It was while he was hauling the contaminated fine ore that Sawa saw him. After evaluating the pleadings and position of the parties, the Labor Arbiter found for the petitioner. However, considering the antagonistic relations between the parties, reinstatement of the petitioner was not ordered. Instead, the labor arbiter awarded petitioner separation pay of one half month for every year of service. No backwages were awarded as the labor arbiter noted that petitioner committed indiscretions amounting to gross neglect of duty which rendered him undeserving of the benefit. The dispositive portion of said Decision reads: WHEREFORE, premises considered, judgment is hereby rendered declaring the complainants dismissal illegal and directing the Philippine Mining Service Corporation to pay complainant the sum of One Hundred Four Thousand Five Hundred Eighty (P104,580.00) Pesos in concept of separation pay and Ten Thousand Four Hundred Fifty-Eight (P10,458.00) Pesos as attorneys fees. x x x x x x x x x SO ORDERED.