G.R. No. 248304 - Agapito vs. Aeroplus Multi-Services, Inc.

Petitioner Marlon Butial Agapito was employed by respondent Aeroplus Multi-Services, Inc. (Aeroplus) since February 2004 as a housekeeper with a daily wage of ₱466.00 less ₱200.00 per month as cash bond.
Aeroplus is engaged in janitorial and manpower services industry.

On December 30, 2014, during a company meeting, petitioner questioned his supervisor George Constantino about unfair treatment and differential imposition of explanations for tardiness.
Constantino responded angrily, accusing petitioner of spying and poor work performance, telling him to leave if he did not like the rules.
Petitioner reported this incident to Aeroplus’ personnel office on January 5, 2015. Constantino then issued a memorandum for insubordination.
Aeroplus suspended petitioner from February 13 to March 3, 2015.

On March 3, 2015, when petitioner reported back to work, OIC-Personnel Darrel Mendoza told him management lost trust and ordered his immediate dismissal without any explanation.
Petitioner was ordered to leave the premises, which triggered his filing of a complaint for illegal dismissal, illegal suspension, and monetary claims before the National Labor Relations Commission (NLRC).

Petitioner alleged illegal suspension and dismissal without just cause and due process, failure to comply with twin notice requirements, and claimed separation pay and other benefits.
Aeroplus contended petitioner was not dismissed and pointed to his history of absences and insubordination as justification for disciplinary actions, denying dismissal and monetary claims.
Labor Arbiter ruled in favor of petitioner, declaring illegal dismissal and ordering payment of backwages, separation pay, service incentive leave pay, 13th month pay, cash bond reimbursement, moral and exemplary damages, and attorney’s fees totaling ₱454,889.16.

NLRC reversed the Labor Arbiter’s decision, dismissed petitioner’s complaint for illegal dismissal, and ordered reinstatement within five days without backwages, crediting belated affidavits of Mendoza and Constantino denying dismissal.
Petitioner’s motion for reconsideration before the NLRC was denied, but the award of some monetary benefits (service incentive leave, 13th month pay, and cash bond reimbursement) was affirmed.

Petitioner filed a petition for certiorari challenging the NLRC’s decision, arguing grave abuse of discretion relating to the admission and consideration of late affidavits and denial of illegal dismissal claim and monetary award.
Aeroplus maintained that technical rules should not bar evidence and denied illegal dismissal.
Court of Appeals affirmed the NLRC ruling and denied petitioner’s motion for reconsideration.

Petitioner argued verbal dismissal without due process was ignored, challenged the belated affidavits’ admissibility and weight, and asserted entitlement to monetary awards granted by the Labor Arbiter.
Aeroplus reiterated absence of illegal dismissal and reliance on affidavits.
Supreme Court took the case for final adjudication.

Whether the Court of Appeals and NLRC erred in allowing and giving weight to belated sworn statements (affidavits) submitted for the first time on appeal by respondents.
Whether petitioner was illegally dismissed without just cause and due process by Aeroplus.
What monetary benefits and damages petitioner is entitled to as a consequence of illegal dismissal.
Whether Aeroplus’ deduction of P200.00 monthly cash bond from petitioner’s wages was lawful.
Whether petitioner is entitled to attorney’s fees despite being represented by the Public Attorney’s Office (PAO).