335 Phil. 971
HERMOSISIMA, JR., J.:
"5-10-93
Dear Sir:
Ipagpaumanhin ninyo ang hindi ko pagpapasok ngayon dahil ang anak ko po ay dadalhin ko sa Doctor at baka po dalawan (sic) araw akong hindi makakapasok dahil po sa aking anak na (______) ay naloloko sa kaya (sic) barkada kaya aking inaasikaso pa.
Sana po ay ako ay maunawaan ninyo.
Lubos na Gumagalang,(Sgd)
Lucrecia"
"May 10, 1993Thus, private respondent Gaba was absent on May 5 and 6, 1993 because her child was sick, while private respondent Melarpes was also absent because she was ill on said dates due to her pregnancy.
Dear Sir:
Ipagpaumanhin ninyo ang pag-absent ko noong May 5-6, 1993 dahil masakit ang pos-on ko at may dalang nag-tatai at nagsusuka, at sorry po kung hindi ako nakapadala nang sulat o kaya tumawag sa telephone.
Aasahan ko po ang inyong consideration.
Respectfully yours,(Sgd)
Elsa Melarpes"
"Well-settled is the rule that in termination cases, the employer has the burden of proof to show that the dismissal was for cause. Failure in this regard, renders the dismissal unjustified and therefore, illegal (Gesulgon vs. NLRC, 219 SCRA 561). In the case at bar, except for respondent's bare allegation that complainants sabotage[d] its business operations which resulted in huge losses, no evidence was adduced to support its contention. Neither did respondent submitted [sic] proof that the company indeed incurred losses as a result of complainants' concerted action. Decisions could not be based on mere conjectures or surmises but must be supported by evidence.Understandably, petitioner appealed the aforecited decision of the Labor Arbiter to respondent NLRC. Such appeal, however, was dismissed on November 24, 1994.
Furthermore, records are bereft of any showing that complainants were indeed afforded the due process requirement of the law. What complainants submitted were letters-explanations regarding their absence but not with respect to the charge of sabotage as alleged by respondent. s
Moreover, granting arguendo, that complainants violated the company rules and regulations for having been absent without prior approval by the management, still the penalty of dismissal is too severe a penalty, considering that this is the first offense/infraction committed by them during their three (3) years of service with the company.
All told, complainants were indeed dismissed from the service without cause and due process. As such, they should be reinstated to their former positions without loss of seniority rights with backwages not exceeding three (3) years x x x"[3]
"With the record clearly showing that complainants were able to satisfactorily explain their absences with valid reasons, and that they actually presented themselves for work on May 7, 1993, except that they were not accepted back by respondent, we cannot but affirm the decision below."[4]Petitioner filed a Motion for Reconsideration of the aforecited decision, but respondent NLRC denied the same in a Resolution dated June 26, 1995 for having been filed out of time. Hence, this petition.
A. THE NLRC GRAVELY ABUSED ITS DISCRETION WHEN IT RULED THAT PRIVATE RESPONDENTS WERE DISMISSED BY PETITIONER WHEN THE EVIDENCE ON RECORD SHOWS THAT PRIVATE RESPONDENTS WERE SIMPLY INSTRUCTED TO AWAIT MANAGEMENT'S DECISION REGARDING THE PENDING ADMINISTRATIVE INVESTIGATION.The petition fails to convince us that respondent NLRC is guilty of grave abuse of discretion.
B. PETITIONER HAD REASONABLE GROUND TO CONCLUDE THAT PRIVATE RESPONDENTS' FAILURE TO REPORT FOR WORK WAS A FORM OF CONCERTED ACTION DESIGNED TO SABOTAGE ITS OPERATIONS. THE NLRC GRAVELY ABUSED ITS DISCRETION WHEN IT RULED OTHERWISE.
C. THE NLRC GRAVELY ABUSED ITS DISCRETION WHEN IT CONCLUDED THAT DISMISSAL WAS TOO SEVERE A PENALTY FOR PRIVATE RESPONDENTS' INFRACTIONS. PRIVATE RESPONDENTS WERE GUILTY OF SABOTAGING THE OPERATIONS OF PETITIONER. HENCE, THE PENALTY OF DISMISSAL IS COMMENSURATE TO THE INFRACTIONS COMMITTED BY PRIVATE RESPONDENTS.
D. THE NLRC GRAVELY ABUSED ITS DISCRETION IN CONCLUDING THAT PETITIONER FAILED TO OBSERVE THE REQUIREMENTS OF DUE PROCESS.
E. THE NLRC GRAVELY ABUSED ITS DISCRETION IN HOLDING PETITIONER LIABLE FOR BACKWAGES. HOLIDAY PAY, SERVICE INCENTIVE LEAVE PAY, AND ATTORNEY'S FEES WHEN ITS FINDING OF ILLEGAL DISMISSAL IS NOT EVEN SUBSTANTIATED BY EVIDENCE.
"The Court finds substantial evidence in support of the ruling of the NLRC that the private respondents were indeed dismissed without cause. While there was no outright or open termination of the services of the employees, there is reason to believe the company barred them from work because they were absent practically for one week when they were badly needed in the factory."Finding that there was, indeed, a dismissal, We hold that the same was made without compliance with the requirements laid down by law and jurisprudence. In order to constitute a valid dismissal, two requisites must concur: (a) the dismissal must be for any of the causes expressed in Art. 282 of the Labor Code, and (b) the employee must be accorded due process, basic of which are the opportunity to be heard and to defend himself.[6] Herein, the Labor Arbiter found that records are bereft of any showing that private respondents were indeed afforded the due process requirement of the law. What private respondents submitted were letters-explanations regarding their absences but not with respect to the charge of sabotage as alleged by petitioner.[7]
"Even assuming ex gratia argumenti that there was a company investigation being then conducted, still petitioner should not have ordered private respondents to await its decision on the matter but instead imposed on the latter preventive suspension in conformity with Sections 3 and 4 of Rule XIV of Book V of the Implementing Rules of the Labor Code, considering that private respondents were accused of having sabotaged petitioner's operations which resulted in business losses, a clear example of a serious and imminent, if not actual, threats to petitioner's property. Hence, having been placed in suspended animation, so to speak, by petitioner, private respondents had every reason to believe that they were dismissed by the former, as they actually were, thereby warranting the filing of the complaints for illegal dismissal."[8]The private respondents were never summoned by the management to air their side regarding the accusations of sabotage, but were only required to give explanations regarding their absences. Thus, even if, as petitioner claims, that the dismissal was due to the role played by the respondents in the alleged sabotage, the said dismissal is still invalid, as no notice was given and no hearing was conducted. To reiterate, the twin requirements of notice and hearing constitute essential elements of due process in the dismissal of employees.[9]
"Absent any proof that complainants (private respondents in this case) actually initiated what it termed a concerted action of its line leaders to sabotage its business operations by absenting themselves all at the same time on May 5 and 6, 1993, the respondent (herein petitioner) cannot just invoke sabotage that does not exist. Besides, what makes it difficult for respondent to charge complainants of illegal strike, if such existed? That it miserably failed to show that there were other line leaders (aside from complainants) who were likewise absent on said dates, we cannot but consign this defense to the 'dustbin' of afterthoughts"[13]We come now to the petitioner's claim that the NLRC gravely abused its discretion in holding it liable for backwages, holiday pay, service Incentive leave pay, and attorney's fees. Other than the award for backwages, this Court finds no reason why the petitioner should not be made so liable. As noted by the Labor Arbiter, and affirmed by respondent NLRC, petitioner failed to show proof that the holiday pay and service incentive leave pay had been paid. Having been also compelled to litigate, the award of attorney's fees equivalent to five percent (5%) of the total judgment award is also proper.[14] We find no reason to disturb said findings.
"ART. 279. Security of Tenure. — . . . An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages inclusive of allowances and to his other benefits or their monetary equivalent computed from the time his compensation is withheld from him up to the time of his actual reinstatement." (emphasis ours)Private respondents' cause of action against the petitioner arose on May 7, 1993, their complaint for illegal dismissal was filed on May 17, 1993. Since the dismissal took place after the passage of such law, and following the doctrine laid down in the case of Caltex Refinery Employees Association (CREA) vs. National Labor Relations Commission (Third Division),[16] We hold that the private respondents are entitled to reinstatement without loss of seniority rights, as well as to other privileges and their full backwages inclusive of allowances, and to their other benefits or their monetary equivalent computed from the time their compensation was withheld from them up to the time of their actual reinstatement. Moreover, no deduction shall be allowed in accordance with the doctrine enunciated in the recent case of Bustamante vs. National Labor Relations Commission and Evergreen Farms, Inc.[17] wherein this Court took the opportunity to clarify how Republic Act No. 6715 is to be interpreted:
"The Court deems it appropriate, however, to reconsider such earlier ruling on the computation of backwages as enunciated in said Pines City Educational Center case, by now holding that conformably with the evident legislative intent as expressed in Rep. Act No. 6715, x x x backwages to be awarded to an illegally dismissed employee, should not, as a general rule, be diminished or reduced by the earnings derived by him during the period of his illegal dismissal. The underlying reason for this ruling is that the employee, while litigating the legality ([or] illegality) of his dismissal, must still earn a living to support himself and family, while full backwages have to be paid by the employer as part of the price or penalty he has to pay for illegally dismissing his employee. The clear legislative intent of the amendment in Rep. Act No. 6715 is to give more benefits to workers than was previously given them under the Mercury Drug rule or the 'deduction of earnings elsewhere' rule. Thus, a closer adherence to the legislative policy behind Rep. Act No. 6715 points to 'full backwages' as meaning exactly that, i.e., without deducting from backwages the earnings derived elsewhere by the concerned employee during the period of his illegal dismissal. In other words, the provision calling for 'full backwages' to illegally dismissed employees is clear, plain and free from ambiguity, and, therefore, must be applied without attempted or strained interpretation. Index animi sermo est."Should reinstatement no longer be feasible due to strained relations, the award of separation pay equivalent to one (1) month salary for every year of service, a fraction of six (6) months to be considered as one (1) year.