Case Digest (G.R. No. 166365)
Facts:
Duty Free Philippines v. Rossano J. Mojica, G.R. No. 166365, September 30, 2005, First Division, Ynares‑Santiago, J., writing for the Court. Petitioner Duty Free Philippines (DFP) sought review of the Court of Appeals' August 31, 2004 decision (CA‑G.R. SP No. 76995) and its December 13, 2004 denial of reconsideration, which had sided with respondent Rossano J. Mojica.On November 28, 1997 the DFP Discipline Committee found Rossano A. Mojica guilty of neglect of duty in DISCOM Case No. 97‑027 and declared him forcibly resigned with forfeiture of benefits (save salary and accrued leave value); he was formally informed on January 14, 1998. Mojica then filed a complaint for illegal dismissal with prayer for reinstatement, back wages, damages and attorney’s fees before the Labor Arbiter.
On February 2, 2000 Labor Arbiter Facundo L. Leda found Mojica illegally dismissed and ordered reinstatement and P259,017.08 for backwages and attorney’s fees. The National Labor Relations Commission (NLRC) reversed the Labor Arbiter and upheld the dismissal; Mojica’s motion for reconsideration was denied. Mojica then filed a petition for certiorari under Rule 65 with the Court of Appeals (CA‑G.R. SP No. 76995). The Court of Appeals reversed the NLRC, agreeing with the Labor Arbiter that Mojica was not guilty of gross or habitual negligence and that there was no convincing evidence of connivance in pilferage.
Petitioner DFP elevated the matter to the Supreme Court by a petition for review on certiorari under Rule 45, contesting the CA decision. The Supreme Court considered whether the NLRC and the labor adjudicatory bodies had jurisdiction over the wrong...(Subscriber-Only)
Issues:
- Did the Labor Arbiter and the NLRC have jurisdiction to entertain Mojica’s complaint for illegal dismissal against Duty Free Philippines?
- If jurisdiction were proper in the labor tribunals, was Mojica’s dismissal illegal ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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