Case Digest (G.R. No. 227070)
Facts:
This case involves Orestes Delos Reyes, a university professor and the assistant chairperson of the Social Sciences Department of Adamson University, who was also the president of the Adamson University Faculty and Employees Union (AUFEA), the sole and exclusive bargaining agent of the university’s faculty and personnel. On September 5, 2014, the university received a complaint filed by Josephine Esplago on behalf of her 17-year-old daughter, Paula Mae Perlas, a third-year psychology student. The complaint accused Delos Reyes of violating the University Code of Conduct and Republic Act No. 7610 for alleged abuse against Paula Mae by using the phrase "anak ng puta" (“son of a bitch”) when they crossed paths at a faculty room door, causing emotional trauma to the minor student. An Ad Hoc Investigating and Hearing Committee was convened to investigate the complaint. Delos Reyes was charged with gross misconduct and unprofessional behavior, and after the administrative he
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Case Digest (G.R. No. 227070)
Facts:
- Parties and Positions
- Petitioner Orestes Delos Reyes was a professor and assistant chairperson of the Social Sciences Department at Adamson University and president of its Faculty and Employees Union, the exclusive bargaining agent of faculty and non-academic personnel.
- Respondent was Adamson University, the employer of petitioner.
- Incident and Complaint
- On September 5, 2014, Adamson University received an administrative complaint against Delos Reyes by Josephine Esplago on behalf of her 17-year-old daughter, Paula Mae Perlas, a third-year psychology student.
- Josephine alleged that Delos Reyes verbally abused Paula Mae by exclaiming “anak ng puta” while both were holding opposite sides of a door’s doorknob, causing emotional trauma to the minor student.
- The complaint cited violations of the University Code of Conduct and Republic Act No. 7610 (for protection of minors).
- Investigation and Proceedings
- An Ad Hoc Investigating and Hearing Committee was created by the University President on September 11, 2014 to investigate and make recommendations.
- On September 12, 2014, the Committee issued a show-cause memorandum to Delos Reyes charging him with gross misconduct and unprofessional behavior.
- Delos Reyes initially did not file a response but later submitted a written explanation using the Union letterhead denying the accusations and filed a counter-complaint against Paula Mae for maligning his reputation.
- Both complaints were consolidated; a hearing was conducted on October 7, 2014 with Delos Reyes represented by counsel.
- Dismissal and Aftermath
- On October 24, 2014, Delos Reyes was served a Notice of Dismissal, which was denied upon reconsideration by the University.
- Adamson published a paid advertisement clarifying the reasons for petitioner’s dismissal, which Delos Reyes claimed damaged his reputation.
- Delos Reyes filed a Notice of Strike and agreed to submit the dispute to voluntary arbitration.
- Arbitration and Appeal
- The Panel of Voluntary Arbitrators (PVA) issued a Decision on May 12, 2015, affirming the validity of Delos Reyes’ dismissal for gross misconduct and unprofessional behavior, noting his expected exemplary conduct as a Catholic school faculty and union president.
- The PVA relied on the utterance of “anak ng puta” directed at a minor student without provocation, and considered other prior complaints of unprofessional conduct.
- Delos Reyes filed a Petition for Review which the Court of Appeals denied in an April 28, 2016 Decision, finding ample procedural due process was accorded and ruling that the dismissal was justified.
- The Court of Appeals further held that the dismissal did not constitute unfair labor practice, affirming that being union president does not grant immunity from disciplinary action.
- The present Rule 45 Petition for Review to the Supreme Court challenges these rulings, arguing among others that the University acted in haste, was biased, treated him unfairly compared to other employees, and that the dismissal was an act of unfair labor practice linked to his union activities.
Issues:
- Whether petitioner Orestes Delos Reyes was validly dismissed from employment.
- Whether his dismissal constituted unfair labor practice under the Labor Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)