Case Digest (G.R. No. 188086)
Facts:
Francis Bello v. Bonifacio Security Services, Inc. and Samuel Tomas, G.R. No. 188086, August 03, 2011, Supreme Court Second Division, Brion, J., writing for the Court.Petitioner Francis Bello, through his daughter and attorney-in-fact Geraldine Bello-Ona, sought review of the Court of Appeals decision and resolution in CA-G.R. SP. No. 105402 annulling the National Labor Relations Commission (NLRC) rulings that had found he was constructively dismissed and ordering reinstatement with backwages.
Respondent Bonifacio Security Services, Inc. (BSSI), a private security firm, hired Bello in July 2001 as a roving traffic marshal. Over the next months he was assigned to various posts (Negros Navigation Pier 2, Bonifacio Global City, Pacific Plaza Towers) and, according to Bello, experienced a series of promotions from traffic marshal to supervisor, then assistant detachment commander, and detachment commander between July and November 2001. In August–October 2002 BSSI reorganized posts and reassigned personnel; Bello was reassigned to the traffic marshal position and, on October 25, 2002, filed an indefinite leave of absence.
On November 5, 2002 Bello filed a complaint with the NLRC (NLRC NCR Case No. 00-11-09529-2002) alleging constructive dismissal due to demotion from supervisory posts to rank-and-file traffic marshal. BSSI denied the allegation, asserting that the alleged promotions were only duty-related assignments (not positions), and alternatively that Bello abandoned his employment by taking an indefinite leave.
The Labor Arbiter (Decision dated December 29, 2005) found Bello was illegally dismissed, ordered reinstatement, and awarded backwages of P391,474.25. The NLRC initially dismissed BSSI’s belated appeal and motion for reconsideration, but the Court of Appeals reinstated BSSI’s appeal to the NLRC. On March 26, 2008 the NLRC affirmed the Labor Arbiter’s decision, and denied BSSI’s motion for reconsideration. BSSI then petitioned the CA under Rule 65. The CA nullified the NLRC resolutions, finding insufficient evidence of promotions and therefore no constr...(Pro-only)
Issues:
- Should the petition be dismissed for defective verification because the special power of attorney (SPA) was limited and Bello-Ona allegedly lacked personal knowledge?
- Did the Court of Appeals err in annulling the NLRC’s resolutions—i.e., was there constructive dismissal warranting reinst...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)