Case Digest (G.R. No. 93476)
Facts:
A'Prime Security Services, Inc. v. National Labor Relations Commission (Third Division), Honorable Labor Arbiter Oswaldo Lorenzo and Florentino Lising, G.R. No. 93476, March 19, 1993, Supreme Court First Division, Cruz, J., writing for the Court.
Petitioner A'Prime Security Services, Inc. employed private respondent Florentino Lising as a security guard and assigned him to various clients, including the Regional Relay Facilities (RRF) at Clark Air Base where the U.S. Mission requested his relief on September 8, 1988, because he was found sleeping while on duty. The petitioner investigated and, by report dated September 14, 1988, informed the RRF that Lising’s detail to that facility and other U.S. mission facilities was terminated effective September 7, 1988.
When Lising learned of the request for his relief he went on absence without official leave (AWOL). The petitioner sent him warning letters (one dated September 28, 1988 and another dated October 13, 1988) reminding him of his AWOL status, threatening to consider him abandoned unless he returned within prescribed periods, and offering to retain him provided he reported for duty. Lising returned once but again went AWOL after being told he would be reassigned to another client.
Instead of reporting back, Lising filed a complaint on October 13, 1988 for illegal dismissal and nonpayment of overtime pay; he did not demand reinstatement but sought separation pay and back wages. On December 14, 1988, Labor Arbiter Oswald B. Lorenzo found the petitioner guilty of illegal dismissal and ordered reinstatement with full back wages; overtime pay claims were dismissed. On February 5, 1990, the National Labor Relations Commission (NLRC) modified the labor arbiter’s decision, holding that Lising was dismissed for cause but without due process and ordering separation pay in lieu of reinstatement. The NLRC denied reconsideration on March 30, 1990.
Petitioner elevated the case to the Supreme Court by a petition for...(Pro-only)
Issues:
- Was respondent Florentino Lising illegally dismissed by petitioner A'Prime Security Services, Inc.?
- If not illegally dismissed, is Lising nevertheless entitled to separ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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