Facts:
Respondent
Lordy Fernandez worked as secretary and all-around worker in
Bon Chic, a tailoring and dress shop located in
Baguio City, from
July 1992 to May 1998, where the owner was petitioner
Zenaida Angeles. On
January 19, 2000, Fernandez filed a complaint before the
NLRC, Regional Arbitration Branch, Cordillera Administrative Region, Baguio City, for
illegal dismissal and
non-payment of premium pay for holidays and rest days, night shift differential,
thirteenth month pay, and
service incentive leave pay; she prayed for reinstatement to her former position with
full backwages and payment of her monetary claims (NLRC Case No. RAB-CAR-01-0051-00). In her position paper, Fernandez asserted that in
May 1998 Angeles dismissed her without cause and in violation of
due process, alleging she was not notified of any reason and was not administratively investigated before dismissal; she also stated that at the time of dismissal she earned a monthly salary of
P6,000. Angeles denied illegal dismissal, averred that she hired Fernandez in 1992 upon recommendation of Fernandez’s uncle, and claimed that Fernandez
abandoned her job in May 1998 despite being treated like a member of the family with free board and lodging and salary above the minimum wage; Angeles further claimed she discovered that money and records of Bon Chic were missing after Fernandez left, and alleged she had to close Bon Chic in 1998 as a consequence. On
July 26, 2000, the
Labor Arbiter held that Fernandez did not abandon her work and was
illegally dismissed, reasoning that Angeles neither notified Fernandez that abandonment had been considered nor accused her of taking Bon Chic’s records and money, and the Labor Arbiter observed that Angeles did not charge Fernandez with any offense. The Labor Arbiter ordered backwages computed from
08 May 1998 up to the finality of the decision and separation pay in the amount equivalent to
one-half month salary for every year of services, and dismissed other claims for lack of merit. Angeles appealed, but on
May 31, 2001 the
NLRC reversed and found, among others, that Fernandez abandoned her job to elope with a younger man named Bong after Angeles objected to the relationship, and that Fernandez was instigated by Ferdinand Bucad to file money claims; the NLRC also relied on the timing of the complaint and Fernandez’s employment with another company despite an alleged offer to rehire. Upon elevation, the
Court of Appeals reversed the NLRC and reinstated the Labor Arbiter, holding that the NLRC committed
grave abuse of discretion in considering, on appeal, belated affidavits containing new allegations submitted by Angeles without giving Fernandez the right to rebut them, and further finding that Angeles failed to establish clear evidence of Fernandez’s intention to abandon her employment because no notice or opportunity to explain was provided. After the Court of Appeals denied reconsideration on
September 30, 2003, Angeles petitioned for review, arguing that the NLRC improperly considered new evidence on appeal and that Fernandez had abandoned her job.
Issues:
Whether the NLRC erred in accepting and considering petitioner’s belated affidavits on appeal without adequate due process, and whether respondent
Lordy Fernandez abandoned her employment.
Ruling:
Ratio:
Doctrine: