569 Phil. 673; 105 OG No. 5, 521 (February 2, 2009)
YNARES-SATIAGO, J.:
WHEREFORE, judgment is hereby rendered finding Complainant to have been illegally dismissed. Concomitantly, Respondents are ordered jointly and severally to pay Complainant the following:Petitioners appealed the decision to the National Labor Relations Commission (NLRC) which reversed the decision of the Labor Arbiter, to wit:
P232,065.92 – representing backwages;
50,400.00 – representing separation pay;
18,571.00 – representing 13th month pay
P301,036.92 – Total
Ten percent of the total award as attorney’s fees.
The claim of non-remittance of SSS contribution is dismissed for lack of jurisdiction.
SO ORDERED.[4]
WHEREFORE, premises considered, we give due course to the appeal of respondents. Consequently, the Decision of the Labor Arbiter below is hereby reversed and set aside and a new decision is entered dismissing the instant case for lack of merit.The NLRC found no sufficient evidence to show that Javilgas was dismissed or prevented from reporting for work; that Javilgas could not categorically state when he was dismissed: in his complaint, he claimed to have been dismissed on February 27, 2002, but in subsequent pleadings he alleged he was dismissed in mid-April, 2002. Relying on the principle enunciated in Chong Guan Trading v. National Labor Relations Commission,[6] it ruled that where Javilgas was never notified of his dismissal nor was he prevented from returning to work, there could be no illegal dismissal. The NLRC also found the telephone conversation between Javilgas and Rodolfo Padilla – where the latter told the former to stop reporting to work – self-serving, conjectural and of no probative value, especially where Javilgas himself declares that he was told by Rodolfo not to report to work without giving any reason therefor. In fine, the NLRC held that Javilgas voluntarily resigned, and not illegally dismissed.
SO ORDERED.[5]
Petitioners’ motion for reconsideration was denied hence, the instant petition raising the following issues:Petitioners did not offer any evidence to disprove the allegation that Rodolfo Padilla informed Javilgas by phone to stop reporting to work. On the contrary, Rodolfo admitted that he “advised” Javilgas to “concentrate on his (Javilgas’) shop if he has no more time for the company (Padilla Machine Shop).”[7] Moreover, it was only in the NLRC that the documents and photographs purporting to show that Javilgas was conducting business inimical to the interests of Padilla Machine Shop were submitted.
- The Court of Appeals erred in holding that upon the petitioners rested the burden of proving that the termination of the respondent was for a valid cause, despite their consistent position that the latter was never terminated from employment;
- The Court of Appeals erred in holding that the said consistent position adopted by petitioners – that they never dismissed Javilgas – is not sufficient to negate the charge of illegal dismissal;
- The Court of Appeals erred in disregarding documentary evidence presented for the first time on appeal; and,
- The Court of Appeals erred in awarding attorney’s fees to the respondent who was being represented pro bono by the Office of Legal Aid of the U.P. College of Law.
Petitioner Rodolfo, however, did not elaborate or show proof of the claimed abandonment. Instead, he concluded that Javilgas “abandoned his corresponding duties and responsibilities x x x when he established and created his own machine shop outfit x x x.”[9]
- From that time on, Complainant (Javilgas), did not anymore report for work and left Respondent’s (Rodolfo) business for the second time without any advance notice of terminating his services as required by law;
- This Complainant requested Respondent to compute all the SSS/Medicare deductions on his weekly/daily salaries for he is planning to have a refund of these deductions;
x x x x
During the pendency of this case on appeal with the NLRC, because of the vehement denial of complainant, Rufino Javilgas that he has never operated a machine shop which is doing the same business with (petitioners)(,) Mr. Rodolfo Padilla and the undersigned counsel went to the residence of (respondent), Rufino Javilgas at Barangay Sta. Clara, Sta. Maria, Bulacan on January 3, 2003, and right then and there, Mr. Padilla and the undersigned counsel saw personally the machine shop being operated by Mr. Rufino Javilgas. x x x (Words in parentheses supplied)This only proves that in April 2002, when Rodolfo allegedly “advised” Javilgas to “concentrate on his (Javilgas’) shop if he has no more time for the company (Padilla Machine Shop),” petitioners had nothing but unfounded suspicions.
The rule is that one who alleges a fact has the burden of proving it; thus, petitioners were burdened to prove their allegation that respondents dismissed them from their employment. It must be stressed that the evidence to prove this fact must be clear, positive and convincing. The rule that the employer bears the burden of proof in illegal dismissal cases finds no application here because the respondents deny having dismissed the petitioners.Petitioners, in like manner, consistently deny that Javilgas was dismissed from service; that he abandoned his employment when he walked out after his conversation with Rodolfo and never returned to work again. But denial, in this case, does not suffice; it should be coupled with evidence to support it. In the Machica case, the memorandum, among others, represented clear and convincing proof that there was no intention to dismiss the employees; it constituted evidence in support of the employer’s denial.
We have reviewed the Memorandum of respondent Dizon and find nothing therein to indicate that any of the employees of respondent corporation, including the petitioners, would be considered terminated from employment if they refused to share in the P23,997.58 loss. Petitioners and other employees of respondent corporation were merely required to affix their signatures in the Memorandum on the space opposite their respective names, to confirm that they had read and understood the same. As elucidated by the NLRC in the assailed Resolution:Read in its entirety, the Memorandum reflects the GOOD FAITH of the employer in resolving a discovered anomaly. First, it is a declaration of AMNESTY and FORGIVENESS; it did not name names; it did not state that the guilty ones will be pursued and punished. Second, it asked for SHARING among the employees for the loss due to the discovered anomaly. Third, it indicated a POSITIVE BUSINESS DIRECTION as it exhorted the employees from participating in similar anomalies henceforward.[14]
(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;WHEREFORE, the petition is DENIED. The Decision of the Court of Appeals dated August 29, 2006 in CA-G.R. SP No. 89164 which reinstated the Decision of the Labor Arbiter finding that respondent Rufino Javilgas was illegally dismissed from service and its Resolution of December 21, 2006 denying the motion for reconsideration are hereby AFFIRMED.
(8) In actions for indemnity under workmen's compensation and employer's liability laws;
x x x x
(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.
[14] Machica v. Roosevelt Services Center, Inc., supra note 12 at 544-545.
To: ALL PERSONNEL CONCERNED
Subject: San Francisco Mirror Corp.
#43 De Vera St., SFDM, Quezon City
Ang dating customer na ito ay hindi na bumibili ng mga fuels (Diesel at Gasolina) mula pa noong OCTOBER 2000. Ang dahilan ay nagkaroon ng PANDARAYA sa mga transactions. (Tingnan at basahin ang nakalakip na letter ng San Francisco Mirror Corp.) Ang PANDARAYA at SABWATAN ay pinatunayan ng San Francisco Mirror Corp. sa mga sulat na pag-amin ng kanilang empleyado.
Dahil sa nangyaring ito, ang naging resulta ay ang mga sumusunod:
1) Umalis ang San Francisco sa atin, nawalan ng “good customer” ang istasyon
2) Inalis/tinanggal ang mga empleyadong kasama sa pandaraya at sabwatan
3) Sinabihan ang ibang customers tungkol sa sabwatan sa pandaraya at nasira ang “Goodwill” ng istasyon
4) Ang utang nila P47,991.15 naiwan noong October 2000 pa ay nitong March 20, 2001 lang binayaran (or after SIX MONTHS) at kalahati lang o P23,995.58 ang ibinayad
5) Dahil sa wala namang aamin sa pandarayang ito, ang mga may kaugnayan o nakakaalam sa nangyari ay mag-share sa hindi binayaran ng customer
Sana ay huwag nang gagawin uli ito sa ibang customers at tigilan na ang ganitong masamang gawain. Siguradong hindi mabuti ang mangyayari sa mga gawaing ito!
______________________
Roosevelt Servicenter Inc.
March 23, 2001
Nabasa ko at naintindihan ang memo tungkol sa SAN FRANCISCO MIRROR CORP. na kasama sa pahina 1.