407 Phil. 1032
MENDOZA, J.:
Reports came to our office that for the past few days you were reporting at [the] Big J jobsite at around eleven o'clock in the morning and you were leaving said site at two o'clock.The next day, August 18, 1994, petitioner and his co-workers were placed under preventive suspension for seven working days. On August 26, 1994, respondent, through its personnel assistant, Ma. Imelda E. Samson (MIES), and in the presence of two union officers, Armando B. Tumamao (ABT) and Jessie T. Yanos (JTY), interviewed Johnny F. Legaspi (JFL), who owned the Big J Feedmills, and his engineer, Juanito Avena. The transcript of their interview reads:
We would like to inform you that said act constitutes Abandonment of Work which is [a] violation of our Company Code on Employees Discipline that warrants a penalty of DISMISSAL.
Therefore, you are hereby given 24 hours to explain your side on the said matter.[2]
These statements were corroborated by the affidavit[4] of petitioner's co-employee, Emerson G. Yanos, who stated that petitioner and his co-worker Dante Tunglapan usually arrived for work at the Big J Feedmills between 9:30 to 10:00 a.m., stopped working at 12:00 noon, then resumed work at 1:00 p.m., continuing until 3:00 p.m. Before going home, they had snacks.
MIES: Anong oras ho ba nagtatrabaho ang mga tao naming nai-assign dito?JFL: Madalas nagsisimula sila ng alas-diyes ng umaga at minsan naman alas-onse ng umaga; mula ng nag-umpisa sila dito hindi pa sila naka-buo ng apat na oras na trabaho mag-hapon.MIES: Bakit ho, anong oras ba sila dumarating?JFL: Hindi pare-pareho, may alas-otso ng umaga, minsan 9:00, minsan 9:30 ng umaga, pero hindi sila sabay-sabay na dumarating ha. Madalas pa nga mag-aalas-diyes na sila dumarating, pag kumpleto na silang apat saka pa lang sila magsisimulang magtrabaho.ABT: May mga araw ho nagdadaan sila sa Shop namin para pumick-up ng gamit baka ito ho iyong tinatanghali sila ng dating?JFL :Iyon nga ang sabi nila eh, kaya daw sila tinatanghali kasi nga kumukuha sila ng gamit sa shop ninyo, pero hindi naman sila sabay-sabay kumukuha ng gamit o suweldo, di ba? Saka nagpapapirma sila ng delivery receipt kay Engr. Avena at isa-isa lang naman ang nagpupunta sa Shop ninyo, yung naiiwan dito sa Shop hindi agad nagtatrabaho, hinihintay pa nila yung kasama nila.ABT: May dumarating ho ba ng alas-siyete ng umaga? JFL: Wala nga eh, tanghali na nga sila dumarating, pagdating magtatabraho sandali tapos titigil para kumain sa tindahan - wala pang alas-dose kumakain na sila kasi baka maubusan sila ng ulam o kakainin, tapos alas-dose magpapahinga na sila, matutulog doon sa may boiler bago pa lamang mag-alas-kuatro umaalis na sila kaya wala talagang otso oras ang trabaho nila.JTY: Paano nyo ho nalalaman kung nagtratrabaho sila o hindi? JFL: Alam ninyo, galing ako sa sakit; kailangan ko ng pahinga pero imbes na sa loob ako nagpapahinga dito na lang ako sa labas, umagang-umaga pa lang, nandito na ako. Kita niyo naman mula dito nakikita ko ang lumalabas at pumapasok dito, saka makikita mo kung may tao doon sa bubong saka doon sa may boiler at maririning mo rin kung nag-we-welding o may nag-pupukpok. Lumalapit nga itong si Manuel sa amin at nagpapagawa ng sulat na nagpapatunay na pumapasok sila ng 7 to 4 pero hindi ako pumayag kasi lalabas na nagsisinungaling na ako. Gusto lang naman namin lumagay sa tama, kung ano yung totoo iyon na iyon, noong minsan nag-report kami sa opisina ninyo na nag half-day sila, yun pala natutulog lang sila sa ilalim ng boiler sa may skid. Kaya naman gumawa kami agad ng sulat para ipaalam sa inyo na hindi pala sila umuwi, nandoon pa pala sila, natutulog."[3]
SECTION 7. DISHONESTYPetitioner filed a complaint for illegal dismissal against respondent before the Arbitration Branch of the NLRC. On June 19, 1997, Labor Arbiter Arthur Amansec rendered a decision finding petitioner to have been illegally dismissed and ordering respondent as follows:SECTION 8. INSUBORDINATION
- Falsifying time cards or any other timekeeping records, or drawing salary/allowance by virtue of falsified time cards.
- Willful holding back, slowing down, hindering, or limiting work output.
- Encouraging, coercing, inciting, bribing, or otherwise inducing any employee to engage in any practice in violation of the Company's work rules.[8]
WHEREFORE, complainant Manuel Felix is hereby found to have been illegally DISMISSED from employment and concomitantly respondent is hereby ordered to reinstate complainant with backwages and pay his proportionate 13th month pay for 1994.Respondent appealed to the NLRC. Pending appeal, a writ of execution was issued on September 23, 1997 directing respondent to reinstate petitioner either physically or in the payroll.
Other claims are hereby ordered DISMISSED for lack of merit. The Complaint of Dante Tungpalan should be as it is hereby DISMISSED by reason of settlement.
SO ORDERED.[9]
ART. 282. Termination by employer. ¾ An employer may terminate an employment for any of the following causes:As to the labor arbiter's observation that a timekeeper should have been assigned to the Big J Feedmills, we think the Court of Appeals correctly disposed of the same, thus:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
. . . .
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
(Emphasis added)
Employees are hired in order to foster the employer's business, and company rules and regulations are part of such goal. If we adhere to the labor arbiter's view that a timekeeper should have been placed by private respondent or to commission the latter's client to act as timekeeper, it would be an additional burden not only on the part of private respondent but also on its client. It would be contrary to every business motto that "clients should be given utmost satisfaction and convenience." Moreover, if every time an assignment is given to an employee, the employer will send out someone to spy, the atmosphere of harmonious relationship between the employer and its employees will be beclouded, thundering forth suspicion and distrust among themselves.[18]Second. Petitioner contends that the omnibus motion filed by respondent on October 10, 1997 during the pendency of the appeal is an admission that it is liable for reinstatement or, in lieu thereof, for separation pay.
Respondent appears merely to have been mistaken about the options open to it upon promulgation of the labor arbiter's decision. As to the question of whether separation pay in lieu of his reinstatement may be awarded to petitioner, it is settled that such can be done only upon finality of judgment, that is, when the judgment is no longer appealable, hence final and executory, and where reinstatement can no longer be effected, as when the position previously held by the employee no longer exists or when strained relations result in the loss of trust and confidence.[22]
- That reinstatement can no longer be made or is no longer possible considering the nature of the offense or violation (although an issue under appeal) which the complainant committed. This offense or violation has caused serious and severe strained relationship between the complainant and the respondent employer;
- That it must be recalled, and as the records of the case will confirm, complainant committed a virtual criminal act of falsifying his daily time records based on which he collected his salary. Due to the seriousness of this offense, there is no way by which respondent employer can trust complainant again and place the future and welfare of the company to shenanigans who try to defraud it;[21]
[T]he decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatement provided herein.If at all, therefore, respondent should have reinstated petitioner in the payroll, instead of offering him separation pay. Be that as it may, the omnibus motion filed by respondent cannot be construed as an admission of its liability for reinstatement.