G.R. No. 172174 - Davao Contractors Development Cooperative vs. Pasawa

Davao Contractors Development Cooperative (DACODECO) was a duly registered cooperative engaged in the construction business.
Marilyn A. Pasawa (PASAWA) was hired by DACODECO as General Manager.

On January 5, 2004, DACODECO hired respondent PASAWA as General Manager.
PASAWA received a monthly salary of P6,500.

In May 2004, the Board of Directors of DACODECO formed an evaluation committee to assess PASAWA’s performance.
The evaluation committee reported that PASAWA’s services were “average.”
The evaluation committee found that PASAWA lacked construction knowledge.
The evaluation committee found that PASAWA made a false statement in the 2004 General Assembly.
Based on the committee’s recommendation, the Board of Directors dismissed respondent effective May 31, 2004, stating that respondent failed to meet the working standard of the cooperative.
The dismissal letter thanked PASAWA for her services.

PASAWA filed a complaint for illegal dismissal.
PASAWA contested the findings of the evaluation committee.
PASAWA asserted that she was able to establish proper system and guidelines for DACODECO’s business operations.
PASAWA asserted that she rectified past mistakes and errors, improving business output and boosting revenues.
PASAWA claimed that DACODECO’s new Chairman disfavored her streamlining.
PASAWA contended that, contrary to DACODECO’s position, she was a regular employee.

On March 15, 2005, the Labor Arbiter rendered a Decision in PASAWA’s favor.
The Labor Arbiter ruled that PASAWA was a probationary employee.
The Labor Arbiter relied on Board Resolution No. 369-2003, which contained DACODECO’s acceptance of PASAWA’s application as General Manager.
The Labor Arbiter noted that the board resolution did not specify or inform PASAWA of the reasonable standards by which her advancement to regular status would be gauged.
The Labor Arbiter held that PASAWA’s dismissal was invalid.
The Labor Arbiter ordered DACODECO to pay:

The decretal portion awarded P68,250.00, representing separation pay and backwages tentatively computed from June 1, 2004 up to the date of promulgation.

DACODECO appealed to the National Labor Relations Commission (NLRC).
In a Resolution dated July 22, 2005, the NLRC dismissed the appeal for failure to accompany the memorandum of appeal with a certificate of non-forum shopping.
The NLRC held the appeal was dismissed for non-perfection, rendering the appealed decision final and executory.

DACODECO elevated the NLRC dismissal to the Court of Appeals via petition for certiorari.
The Court of Appeals dismissed the petition on technical grounds, ruling:

The verification and affidavit of non-forum shopping was signed by Edgar L. Chavez who was not shown to be a party or duly authorized to institute the petition in the Court of Appeals.
The attached board resolution purportedly authorized Chavez to represent DACODECO only before the NLRC.
The copy of the board resolution was not certified or authenticated by the Board Secretary.
The petition failed to indicate material dates under Section 3, Rule 46 of the Rules of Cour...(Subscriber-Only)

Whether the Court of Appeals erred in dismissing DACODECO’s petition for certiorari on technical grounds.

Whether DACODECO proved a valid dismissal of PASAWA under Article 281 of the Labor Code.
Whether dismissal could be justified on the ground of failure to meet reasonable standards made known to the employee at the start of employment...(Subscriber-Only)