Title
Supreme Court
ALPS Transportation vs. Rodriguez
Case
G.R. No. 186732
Decision Date
Jun 13, 2013
Bus conductor Rodriguez, employed via contractor Contact Tours, alleged illegal dismissal by ALPS Transportation over uncorroborated irregularities. SC ruled in favor, citing lack of due process and labor-only contracting, ordering reinstatement with backwages.

Case Digest (G.R. No. 120098)
Expanded Legal Reasoning Model

Facts:

  • Parties and Employment Relationship
    • Respondent: Elpidio Rodriguez, a former bus conductor.
    • Petitioners: ALPS Transportation and/or Alfredo E. Perez, proprietor of the bus company.
    • Employment Arrangement:
      • Rodriguez was originally employed as a bus conductor under an employment contract with Contact Tours Manpower.
      • He was assigned to work with ALPS Transportation through the arrangement between ALPS Transportation and Contact Tours.
  • Incidents Leading to Termination
    • Multiple Irregularity Reports:
      • On 26 April 2003 and 12 October 2003, initial irregularity reports were issued regarding certain work-related issues.
      • On 26 January 2005, a final irregularity report was made alleging that Rodriguez had collected bus fares without issuing the corresponding tickets; the report was annotated with the word “Terminate.”
    • Alleged Dismissal:
      • Rodriguez contended that he was terminated on 27 January 2005 – the day following the issuance of the last irregularity report.
      • He did not receive any written notice of termination.
    • Subsequent Developments:
      • Upon attempting to return to work, Rodriguez was refused readmission by the bus company.
  • Initiation of Legal Proceedings
    • Filing of Complaint:
      • On 11 August 2005, Rodriguez filed a complaint before the labor arbiter for illegal dismissal, nonpayment of 13th month pay, and damages.
    • Petitioners’ Defense:
      • Petitioners argued that Rodriguez was not their employee but that of Contact Tours.
      • They maintained that, based on the agreement with Contact Tours, the latter was responsible for conveying the contents of the irregularity reports and for deciding on sanctions.
    • Additional Actions:
      • During the pendency of the illegal dismissal case, ALPS Transportation also initiated a criminal case charging Rodriguez with theft before the Office of the Provincial Prosecutor of Tanauan, Batangas, although the charges were later withdrawn through an Affidavit of Desistance.
  • Decisions of Lower Tribunals
    • Labor Arbiter’s Decision (12 January 2006):
      • Dismissed Rodriguez’s complaint, finding no evidence that he was terminated on 27 January 2005.
      • Accepted the contention that Rodriguez was actually an employee of Contact Tours, with the company willing to reinstate him.
    • NLRC Decision (28 February 2007):
      • Set aside the labor arbiter’s decision and ruled that Contact Tours was a labor-only contractor, thereby classifying Rodriguez as a regular employee of ALPS Transportation.
      • Directed the reinstatement of Rodriguez without loss of seniority rights but initially without awarding backwages.
  • Court of Appeals (CA) Proceedings
    • Review of the Case:
      • Rodriguez elevated the case via a Rule 65 Petition for Certiorari with the CA.
      • The CA found that the NLRC’s decision was correct in finding grave abuse of discretion by ALPS Transportation in proving the alleged misconduct.
    • CA Findings and Order:
      • ALPS Transportation failed to present convincing evidence that Rodriguez had misappropriated bus fares.
      • The irregularity reports remained mere allegations without supporting evidence.
      • The lack of a written termination notice further weakened ALPS Transportation’s defense.
      • The CA ruled that over six months had lapsed since Rodriguez was last given a bus assignment, proving that his continued absence was not voluntary.
      • Consequently, the CA ordered the reinstatement of Rodriguez to his former position and directed full backwages from the time of his illegal dismissal until his actual reinstatement.
  • Petition for Review
    • Petitioners filed a Rule 45 Petition before the Supreme Court contesting the CA’s ruling.
    • The Supreme Court ultimately denied the petition, thereby upholding the CA’s Decision and Resolution.

Issues:

  • Validity of Dismissal
    • Whether respondent Rodriguez was validly dismissed, considering the allegations and the procedural steps taken.
    • Whether the alleged collection of bus fares without issuing tickets, supported only by irregularity reports, sufficed to constitute just cause for termination.
  • Liability and Employer Responsibility
    • Assuming Rodriguez was illegally dismissed, whether ALPS Transportation and/or Alfredo E. Perez is liable for the dismissal.
    • Determination of the employment status of Rodriguez in light of the relationship between Contact Tours and ALPS Transportation, including the implications of the labor-only contractor doctrine.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
Unlock Full Case Digest

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.

About Privacy Terms