Case Digest (G.R. No. 247428)
Facts:
Jerry E. Almogera, Jr. v. A & L Fishpond and Hatchery, Inc. and Augusto Tycangco, G.R. No. 247428, February 17, 2021, Supreme Court Third Division, Delos Santos, J., writing for the Court.A & L Fishpond and Hatchery, Inc. (A & L) is a fish-breeding and production corporation in Apalit, Pampanga; Augusto Tycangco is its owner. In October 2013, Jerry E. Almogera, Jr. (petitioner) was hired by A & L as an all-around harvester at a daily wage of P318.00. Petitioner alleges that on January 5, 2017 he secured verbal approval from his immediate supervisor, Manuel Cruzada, for an 11‑day leave from January 6–16, 2017, and then went to Naga.
Upon reporting for work on January 25, 2017, petitioner received a January 24 letter from A & L charging unauthorized absence for January 6–16, 2017, directing him to explain within five days, and placing him under preventive suspension (Jan 25–29, 2017). Petitioner did not submit an explanation and did not attend a scheduled hearing. On January 30, 2017 Tycangco issued a memorandum formally terminating petitioner for violation of A & L’s Code of Discipline (Item 7, Attendance — AWOL).
Petitioner filed a Complaint before the Labor Arbiter (LA) for illegal dismissal and unpaid monetary claims. On August 24, 2017 the LA found dismissal illegal and awarded backwages (Php72,635.96), separation pay (Php33,072.00) and service incentive leave pay (Php4,770.00), dismissing other claims. Respondents appealed to the National Labor Relations Commission (NLRC). In a December 29, 2017 Decision the NLRC reversed the LA except as to service incentive leave pay, ruling petitioner was validly dismissed for willful disobedience/ AWOL and that procedural due process was observed; petitioner’s motion for reconsideration was denied.
Petitioner filed a Rule 45 petition with the Court of Appeals (CA). In a November 12, 2018 Decision and a May 21, 2019 Resolution the CA denied the petition and sustained the NLR...(Pro-only)
Issues:
- Whether the CA gravely erred in affirming the NLRC’s finding that petitioner was validly dismissed and therefore not illegally dismissed.
- Whether the CA gravely erred in setting aside the LA’s monetary awards (backwages and separation pay) grant...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)