Case Digest (G.R. No. 167218)
Facts:
Erector Advertising Sign Group, Inc. and Arch. Jimmy C. Amoroto v. National Labor Relations Commission, G.R. No. 167218, July 02, 2010, Supreme Court Second Division, Peralta, J., writing for the Court.Petitioner Erector Advertising Sign Group, Inc. (with Architect Jimmy C. Amoroto as president/CEO) employed respondent Expedito Cloma as company driver from mid‑1996 until his contested dismissal in May 2000. Cloma filed a complaint with the NLRC (docketed NLRC NCR Case No. 00‑05‑02887‑2000) alleging illegal suspension and dismissal without due process and claiming unpaid monetary benefits, damages and attorney’s fees.
In May 2000 petitioner issued two suspension orders to Cloma: a May 15, 2000 order (three days’ suspension for alleged absences May 12–15, 2000) and a May 17, 2000 order (one‑week suspension effective May 18–24, 2000 for alleged threats and interference with other divisions). When Cloma returned to work on May 25, 2000, he was handed a May 20, 2000 termination letter signed by management citing (1) absence for two days without notice, (2) threats to Outright Division employees and prevention of their work, and (3) repeated tardiness.
After administrative hearings the Labor Arbiter dismissed Cloma’s complaint on March 30, 2001, finding petitioner had met its burden to prove the grounds for dismissal and that Cloma waived procedural challenge by failing to answer managerial memoranda. Cloma appealed to the NLRC, which on February 28, 2003 reversed the Labor Arbiter, ruling the dismissal was without just cause and without due process and ordering backwages, separation pay and attorney’s fees. Petitioner’s motion for reconsideration before the NLRC was denied and it sought certiorari relief from the Court of Appeals. The Court of Appeals, in a February 16, 2005 Decision, denied the ...(Subscriber-Only)
Issues:
- Was respondent Expedito Cloma dismissed with due process as required by law?
- Was respondent Expedito Cloma dismissed for just cause under the Labor...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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