Case Digest (G.R. No. 208163)
Facts:
Roque B. Benitez and Santa Fe Labor Union-Federation of Free Workers v. Santa Fe Moving and Relocation Services/Vedit Kurangil, G.R. No. 208163, April 20, 2015, the Supreme Court Second Division, Brion, J., writing for the Court.On February 8, 2011, petitioners Roque V. Benitez (hereafter Benitez) and Santa Fe Labor Union filed a complaint for unfair labor practice and illegal dismissal with money claims against respondent Santa Fe Moving and Relocation Services (the company) and its Managing Director, Vedit Kurangil. Benitez had been employed as a packing and moving operator (crew leader) since June 2001 and was then a union vice-president. He alleged that on December 20, 2010 the company served a memorandum terminating his employment effective immediately for alleged serious misconduct allegedly committed at the company Christmas party on December 18, 2010, without affording him an opportunity to defend himself.
Respondents maintained that during the Christmas party Benitez angrily went on stage, berated Kurangil and the company with foul language ("putang ina mo VK, gago ka"), criticized the raffle conduct, and even attempted to throw a beer bottle; several employees, a company driver and a guest corroborated Kurangil’s account. Benitez proffered affidavits of four coworkers who denied he caused any disturbance and claimed he was seated with them. The company required Benitez to explain his conduct in writing; he failed to comply, and a memorandum dated December 20, 2010 signed by Kurangil dismissed him for "serious misconduct or willful disobedience."
In compulsory arbitration, Labor Arbiter Fatima Jambaro-Franco dismissed the complaint on September 14, 2011, finding Benitez committed serious misconduct and lost the employer's trust and confidence. The National Labor Relations Commission (NLRC), in its March 15, 2012 decision (Commissioner Numeriano D. Villena, with Commissioners Ang Palana and Herminio V. Suelo concurring), affirmed the dismissal for cause but held the employer failed to comply with the two-notice requirement under the Labor Code and awarded Benitez P50,000.00 nominal damages for violation of procedural due process. The NLRC denied reconsideration.
Petitioners filed a petition for certiorari with the Court of Appeals (CA). The CA (Associate Justice Eduardo B. Peralta, Jr., with Justi...(Subscriber-Only)
Issues:
- Are the questions raised by petitioners predominantly factual (thus unreviewable under Rule 45) or questions of law?
- Did Benitez commit serious misconduct in the circumstances alleged, such that dismissal was a valid just cause under Article 282 of the Labor Code?
- Did the employer observe procedural due process (the two-notice requirement), and if not, w...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)