Case Digest (G.R. No. 111155)
Facts:
The case involves Cosmos Bottling Corporation as the petitioner and the National Labor Relations Commission (NLRC), National Federation of Labor Union, and Pepito M. de la Cruz as respondents. Pepito M. de la Cruz was employed by Cosmos Bottling Corporation as a driver/salesman starting in February 1982, with a daily wage of P100.00 and commissions based on his sales. His assigned area was Morning Breeze in Caloocan City. On August 3, 1989, Cosmos Bottling dismissed de la Cruz for serious misconduct and loss of trust and confidence, following allegations that de la Cruz failed to provide entitled customers with promotional trade deals of free soft drinks and instead sold them for personal gain. An internal investigation revealed that he had admitted to not issuing receipts to certain customers, falsifying Sales Invoice No. 093870, and keeping the sale proceeds. De la Cruz contested his dismissal on the grounds of lack of due process. Initially, a Labor Arbiter found sufficient c
Case Digest (G.R. No. 111155)
Facts:
Employment and Role of Pepito M. de la Cruz
- Pepito M. de la Cruz was employed by Cosmos Bottling Corporation in February 1982 as a driver/salesman.
- He was paid P100.00 a day plus a commission based on his sales.
- He was assigned to cover the Morning Breeze area in Caloocan City.
Promotional Strategy and Alleged Misconduct
- Cosmos Bottling Corporation implemented a promotional strategy offering "trade deals" (free soft drinks) to customers who purchased a specified minimum number of soft drinks.
- Reports surfaced that some salesmen, including de la Cruz, were not giving the free soft drinks to entitled customers but were instead selling them and keeping the proceeds.
- An investigation was conducted, and de la Cruz admitted to:
- Not issuing receipts to Nathalia's Store.
- Not giving free soft drinks to I.F.S. Store, which was entitled to them.
- Falsifying Sales Invoice No. 093870 to underreport the number of cases sold.
Dismissal and Labor Dispute
- On August 3, 1989, de la Cruz was dismissed for serious misconduct and loss of trust and confidence.
- De la Cruz challenged his dismissal, claiming it was made without due process.
- The Labor Arbiter ruled in favor of Cosmos Bottling, finding the dismissal justified.
- On appeal, the National Labor Relations Commission (NLRC) reversed the Labor Arbiter's decision, ordering de la Cruz's reinstatement but denying backwages.
- Cosmos Bottling filed a petition for certiorari, challenging the NLRC's decision.
Issue:
- Whether the dismissal of Pepito M. de la Cruz was for a valid cause.
- Whether the NLRC erred in ordering the reinstatement of de la Cruz despite his admitted misconduct.
- Whether the failure of Cosmos Bottling to file a motion for reconsideration before the NLRC bars the filing of the petition for certiorari.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)