Case Digest (G.R. No. 244144)
Facts:
The consolidated cases involve Herma Shipping and Transport Corporation (HSTC) and Herminio S. Esguerra as petitioners in G.R. No. 244144, while Calvin Jaballa Cordero acts as the respondent. The conflict arose from Cordero's employment as an Able Seaman, starting on March 31, 1992, aboard M/Tkr Angat. The company specializes in transporting oil and petroleum products within Philippine waters. In 2015, HSTC noted substantial losses of these products during twelve voyages. Consequently, an investigation was initiated, and on January 28, 2016, the company issued a Notice to Explain against Cordero and four colleagues for alleged Code of Discipline violations and serious misconduct. During the investigation, the crew were suspended, and Cordero defended himself by stating he hadn't noticed anything suspicious due to his poor eyesight. Despite this, he was terminated on March 8, 2016.
Cordero filed a complaint for illegal dismissal, along with claims for 13th month pay, se
Case Digest (G.R. No. 244144)
Facts:
- Employment Details: Calvin Jaballa Cordero was employed as an Able Seaman by Herma Shipping and Transport Corporation (HSTC) on March 31, 1992. He served as a Helmsman/Watchman on the vessel M/Tkr Angat, responsible for navigation and lookout duties.
- Incident Leading to Termination: In 2015, HSTC discovered significant losses of oil and petroleum products during the vessel's voyages. An investigation revealed suspicious activities, including the blocking of a CCTV camera for three hours and the presence of an unknown boat near the vessel.
- Notice to Explain: On January 28, 2016, HSTC issued a Notice to Explain to Cordero and four other crew members, accusing them of violating the company’s Code of Discipline, Serious Misconduct, and Willful Breach of Trust and Confidence. Cordero was placed on preventive suspension.
- Cordero’s Defense: Cordero denied involvement, citing poor eyesight as the reason he did not notice any irregularities. HSTC found his explanation insufficient and terminated his employment on March 8, 2016.
- Labor Complaint: Cordero filed a complaint for illegal dismissal, seeking 13th month pay, separation pay, damages, and attorney’s fees. HSTC and its CEO, Herminio S. Esguerra, defended the termination, citing evidence of oil pilferage and Cordero’s failure to report irregularities.
Issues:
- Validity of Dismissal: Whether Cordero’s dismissal was valid due to Serious Misconduct and Willful Breach of Trust and Confidence.
- Award of Separation Pay: Whether the Court of Appeals (CA) correctly awarded separation pay to Cordero despite his valid dismissal.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)