Case Digest (G.R. No. 204325)
Facts:
The case involves a Petition for Review on Certiorari filed by petitioners Dr. Lynman Bacolor, Dr. Jeffrey R. Galura, Dr. Helen B. Torres, Dr. Fritzie C. Villegas, Dr. Raymond Canlas, Dr. Zheila C. Torres, and Dr. Dax Tidula against VL Makabali Memorial Hospital, Inc., its owner and President Alejandro S. Makabali, and Emergency Room Manager Melchor Catambing. The events leading to the case began when the petitioners, who were engaged as resident physicians at the Hospital, alleged that they were constructively dismissed. They claimed that after their contracts expired, they were coerced to resign and reapply under new terms. On May 3, 2006, they were allegedly instructed to resign and sign a waiver in exchange for a "gratitude" pay of P27,000.00, which they refused. Following their refusal, they were demoted to assistant physicians in the Operating Room. Notices to explain were issued against some of the petitioners, leading to their eventual termination on June 30...
Case Digest (G.R. No. 204325)
Facts:
Employment and Allegations of Constructive Dismissal
- Petitioners, including Drs. Lynman Bacolor, Jeffrey R. Galura, Helen B. Torres, Fritzie C. Villegas, Raymond Canlas, and Zheila C. Torres, were employed as resident physicians at VL Makabali Memorial Hospital, Inc. (the Hospital).
- Their contracts were initially for one year but were allegedly continued beyond the expiration dates.
- On May 3, 2006, the Hospital allegedly instructed petitioners to resign and re-apply under a one-year fixed-term contract. They refused and were subsequently demoted to assistant physicians in the Operating Room (OR).
- Drs. Bacolor and Galura were later terminated on June 30, 2006, after being charged with dishonesty for referring patients to external laboratories.
- Dr. Tidula, another resident physician, was also dismissed for allegedly violating the Hospital's timekeeping procedures.
Labor Arbiter's Decision
- The Labor Arbiter (LA) ruled in favor of petitioners, finding that they were illegally dismissed. The LA ordered the Hospital to pay backwages, separation pay, moral and exemplary damages, and attorney’s fees.
NLRC's Reversal
- The National Labor Relations Commission (NLRC) reversed the LA’s decision, ruling that there was no constructive dismissal and that Drs. Bacolor and Galura were validly dismissed for dishonesty.
Court of Appeals' Dismissal
- The Court of Appeals (CA) dismissed the Petition for Certiorari filed by petitioners due to procedural defects:
- The Verification/Certificate of Non-Forum Shopping was signed by petitioners' counsel on behalf of some petitioners, violating Rule 7, Section 5 of the Rules of Court.
- The Petition failed to include Dr. Tidula as a respondent in the title and did not state his address, violating Rule 46, Section 3.
Issue:
- Whether the CA erred in dismissing the Petition for Certiorari due to defective Verification/Certificate of Non-Forum Shopping.
- Whether the CA erred in dismissing the Petition for failure to include Dr. Tidula as a respondent in the title and for not stating his address.
- Whether the NLRC committed grave abuse of discretion in reversing the LA’s decision and finding no illegal dismissal.
Ruling:
The Supreme Court granted the Petition and remanded the case to the CA for proper disposition on the merits. The Court held:
- The Verification/Certificate of Non-Forum Shopping signed by three out of six petitioners constituted substantial compliance with the rules. The failure of the remaining petitioners to sign did not warrant outright dismissal.
- The failure to include Dr. Tidula in the title and to state his address was not a fatal defect, as he was represented by counsel and could be served through his lawyer.
- The conflicting findings of the LA and NLRC on the merits of the case justified a review on the merits, and the CA should have resolved the case accordingly.
Ratio:
- (Unlock)