774 Phil. 312
PERALTA, J.:
IN LIGHT OF THE FOREGOING, the instant petition is hereby GRANTED. The Resolutions of [the] NLRC dated April 30, 2008 and July 28, 2008, in NLRC VAC-02-000105-2008 are hereby SET ASIDE and a new one is hereby ENTERED, as follows:Hence, the present petition wherein petitioner security agency contends that there was no constructive dismissal as it was respondents who are guilty of abandonment of work; hence, they are not entitled to any monetary award.1. Declaring the twelve (12) other petitioners [herein respondents] to have validly taken their appeal with the NLRC;Further, this case is REMANDED to the labor arbiter for the computation of backwages, refund of cash bond and attorney's fees.
2. Declaring petitioners to have been constructively dismissed by Tamblot Security & General Services, Inc.;
3. Ordering Tamblot Security & General Services, Inc. to pay petitioners their full backwages from the time their compensation were withheld up to the time of their actual reinstatement, refund cash bond at the rate of P50.00 per month of service and Attorney's fees equivalent to 10% of the monetary award. In the event that reinstatement is impossible, Tamblot Security & General Services, Inc. is liable to pay separation pay computed at one month salary for every year of service, a fraction of at least six (6) months considered as one whole year.
SO ORDERED.[3]
Here, the NLRC, affirmed by the CA, made the factual finding that petitioner failed to present evidence sufficiently proving its defense of abandonment of work, so as to make the termination of respondents' employment a valid one. Petitioner should be reminded of the oft-repeated rule that in petitions for review on certiorari, the jurisdiction of this Court is generally limited to reviewing errors of law or jurisdiction. This Court cannot be tasked to analyze or weigh evidence all over again as the evaluation of facts is best left to the lower courts.[6] This was further elaborated in Stanley Fine Furniture v. Gallano,[7] thus:x x x for abandonment of work to exist, it is essential (1) that the employee must have failed to report for work or must have been absent without valid or justifiable reason; and (2) that there must have been a clear intention to sever the employer-employee relationship manifested by some overt acts. . . . Absence must be accompanied by over acts unerringly pointing to the fact that the employee simply does not want to work anymore. And the burden of proof to show that there was unjustified refusal to go back to work rests on the employer.... It is not enough to simply allege that the private respondent had "mysteriously disappeared" and that "[a]s usual and routine, private respondent should have reported to his Team Leader or Officer-in-Charge."[5]
Specifically, in reviewing a CA labor ruling under Rule 45 of the Rules of Court, the Court's review is limited to:A perusal of the records convinced us that the CA correctly concluded that the NLRC did not commit any grave abuse of discretion because the NLRC's findings are firmly grounded on the evidence on record. Indeed, petitioner failed to discharge its burden to prove that it was respondents who refused to report for duty. Nothing on record shows that respondents actually received the notices to report for duty which petitioner supposedly sent them. The Court notes with approval the finding of the NLRC in its Decision promulgated on March 30, 2006, to wit:(1) Ascertaining the correctness of the CA's decision in finding the presence or absence of a grave abuse of discretion. This is done by examining, on the basis of the parties' presentations, whether the CA correctly determined that at the NLRC level, all the adduced pieces of evidence were considered; no evidence which should not have been considered was considered; and the evidence presented supports the NLRC findings; andThus, the proper issue in this case is whether the Court of Appeals correctly determined the presence of grave abuse of discretion on the part of the National Labor Relations Commission.[8]
(2) Deciding any other jurisdictional error that attended the CA's interpretation or application of the law. (Citation omitted)
x x x records disclosed that the advice regarding transfer of assignment involving complainant Item was made on March 9, 2004 and March 12, 2004 although no proof of receipt by the party concerned was adduced by the respondents [herein petitioner]. While complainants Espada, Paje and Jotojot were notified of the vacancy at Bohol Beach Club in a letter dated June 23, 2004. On the other hand, complainants Dano, Crush, De los Reyes and Cose were offered the assignment at Tambuli Beach Resorts in a letter dated June 28, 2004. Both notices however does (sic) not show that the parties concerned have acknowledged receipt of the same. Such being the case respondent's [herein petitioner's defense of abandonment is wanting considering that there are essential requisites that have to be met for abandonment to apply. x x x.[9]The failure to firmly establish that respondents were actually notified or informed that they were being ordered to report back for duty is fatal to petitioner's cause. Without proof that respondents were aware of their new assignments or were being ordered to report back for duty, it cannot be said that the employee failed to report for work. There is, therefore, no showing of any overt act of the respondents that would point to an intention to abandon their work. On the contrary, since respondents almost immediately filed a complaint for illegal dismissal after they were relieved from duty, there is a clear indication that they had the desire to continue with their employment. As held in Fernandez v. New field Staff Solutions, Inc.,[10] to wit:
x x x Employees who take steps to protest their dismissal cannot logically be said to have abandoned their work. A charge of abandonment is totally inconsistent with the immediate filing of a complaint for illegal dismissal. The filing thereof is proof enough of one's desire to return to work, thus negating any suggestion of abandonment.[11]In fine, petitioner utterly failed to establish the requisites for abandonment of work to exist, i.e., (1) that the employee must have failed to report for work or must have been absent without valid or justifiable reason; and (2) that there must have been a clear intention to sever the employer-employee relationship manifested by some overt acts.[12]