G.R. No. 174593 - Gurango vs. Best Chemicals and Plastics, Inc.

Petitioner Alex Gurango was employed by Best Chemicals and Plastics, Inc. (BCPI) as a boiler operator.
Respondent BCPI is engaged in the manufacture of biaxially oriented polypropylene and related products.
Respondent Moon Pyo Hong is the president and chief executive officer of BCPI.

On 2 May 2003, BCPI issued a memorandum prohibiting employees from bringing personal items into their work area unless they were required in the performance of their duties.
The memorandum expressly listed items such as radios, walkman, discman, make-up kits, ladies’ bags, and workers’ knapsacks as objects to be left in employees’ lockers.
Violation of this policy was stated to incur a penalty of six days’ suspension from work without pay.
Although the camera was not specifically mentioned among the prohibited items, it later became a significant issue in the dispute.

At approximately 4:00 a.m., while performing a routine check in the production area, he had a camera (not loaded with film) in his pocket.
As he exited the production area, he encountered security guard Romeo S. Albao near the bundy clock, who attempted to confiscate the camera.
When Gurango refused to surrender the camera—asserting there was no just cause—Albao allegedly held his arm and punched him in the face.
The situation escalated when another security guard, Rodenio I. Pablis, joined in the assault instead of de-escalating the confrontation.
Gurango’s co-worker Elvin Juanitas intervened, and despite his efforts to stop the violence, the security guards continued to physically assault Gurango, including banging his head against the floor.
Gurango eventually agreed to surrender the camera on the condition that a document would be prepared acknowledging its receipt.

Albao claimed that he was on duty at the main entrance of the production area during the period from 7:00 p.m. of 4 May 2003 to 7:00 a.m. of 5 May 2003.
At 4:20 a.m., he stated that Gurango attempted to enter the production area with a camera, which was not allowed.
Gurango then allegedly became aggressive by trying to grab Albao’s firearm, which triggered a fistfight.
The altercation was eventually broken up by Officer-in-Charge Rommel M. Cordero and additional security guards, including another guard, Fredrick LaAada.

A co-worker, Juanitas, provided an account corroborating Gurango’s version, highlighting the physical aggression against Gurango and the failure of some guards to intervene appropriately.
On the same day, at 8:35 a.m., Gurango sought medical attention from Dr. Homer L. Aguinaldo, who diagnosed his injuries and advised three days of rest.

On 5 May 2003, BCPI sent a letter to Gurango, requesting an explanation as to why disciplinary action should not be taken, and placed him under preventive suspension effective 6 May 2003.
Gurango, through subsequent letters on 6 May 2003 and 8 May 2003, contended that he neither engaged in a fistfight nor violated company policy regarding the possession of a camera.
On 10 May 2003, BCPI issued a letter finding Gurango guilty of engaging in a fistfight and violating company policy by bringing a camera into the production area.
On 15 May 2003, Gurango filed a criminal complaint against Albao, Cordero, and Pablis for slight physical injury.
On 19 May 2003, BCPI dismissed Gurango effective 20 May 2003, citing violations including concealing personal belongings, defiance during inspection, and involvement in a physical altercation.
Gurango subsequently filed a complaint with the National Labor Relations Commission (NLRC) for illegal dismissal, which initiated a series of administrative and judicial proceedings.

The Labor Arbiter, in a decision dated 6 July 2004, found BCPI liable for illegal dismissal and ordered payment of backwages and separation pay to Gurango.
The NLRC, through a resolution on 17 October 2005, affirmed the Labor Arbiter’s decision, emphasizing the lack of just cause for Gurango’s dismissal given that the camera was not a prohibited item under the company policy and that the assault was not initiated by Gurango.
BCPI and Moon Pyo Hong appealed the NLRC ruling, and the Court of Appeals, in its 20 July 2006 Decision, set aside the NLRC resolutions by concluding that Gurango had engaged in a fistfight—an inference that was not supported by substantial evidence.
Gurango then filed a motion for reconsideration with the Court of Appeals, which was denied in the 11 September 2006 Resolution, prompting the filing of the present petition for review on certiorari.

Whether the Court of Appeals erred in ruling that Gurango engaged in a fistfight, thereby justifying his dismissal.
Whether there was substantial evidence to support the contention that Gurango’s actions constituted serious misconduct warranting dismissal.
Whether the imposition of preventive suspension and subsequent dismissal were justified under company policy and the standards of just cause.