Case Digest (A.M. No. P-01-1451)
Facts:
In Intercontinental Broadcasting Corporation (IBC 13) vs. Angelino B. Guerrero, petitioner IBC 13 hired respondent Angelino B. Guerrero on September 10, 1986 as a Technician in its Technical Operation Center (TOC) tasked with equipment monitoring, signal transmission, and fault reporting. In 2009 IBC 13 temporarily assigned additional logos superimposition duties to TOC personnel, including Guerrero. On July 10, 2012, TOC Supervisor Arthur Guda required Guerrero to explain three incidents of wrong or omitted logo superimposition on July 1, 4, and 8, 2012, and alleged sleeping on duty. Guerrero invoked his right to remain silent. On April 15, 2013, a formal charge accused him of gross negligence, gross misconduct, sleeping on duty, insubordination, failure to report and tampering with his Daily Time Record (DTR) on November 11, 2012, and tardiness on November 12, 2012. After hearings, the Administrative Committee recommended termination, which IBC 13 approved. Guerrero filed for ...Case Digest (A.M. No. P-01-1451)
Facts:
- Employment and Task Assignment
- On September 10, 1986, Intercontinental Broadcasting Corporation (IBC-13) hired Angelino B. Guerrero as Technician in its Technical Operation Center (TOC), with duties to monitor equipment, transmit audio/video signals, and report malfunctions.
- In 2009, due to a malfunctioning switcher, IBC-13 temporarily assigned TOC personnel the additional task of superimposing logos during commercial breaks, with regular TOC functions to prevail in case of conflict.
- Notices, Charges, and Defense
- On July 10, 2012, TOC Supervisor Arthur Guda issued a memorandum directing Guerrero to explain incidents on July 1, 4, and 8, 2012 involving incorrect or omitted logo superimposition and alleged sleeping on duty. Guerrero invoked his right to remain silent.
- Nine months later (April 15, 2013), a Formal Charge was served alleging:
- Gross negligence/misconduct in logo tasks (April 16 and various July 2012 dates);
- Sleeping on duty;
- Insubordination;
- Failure to report for work and DTR tampering (November 11, 2012);
- Late reporting (November 12, 2012).
- On April 29, 2013, Guerrero submitted an Affidavit claiming lack of sequence guides, only one documented logo error, uncommunicated shift change on November 11, 2012 (prompting his leave and non-punch-out), and denial of tampering and other charges.
- Administrative Committee Recommendation and Termination
- After hearings, the Administrative Committee (ADCOM) issued a Formal Report (August 2, 2013) recommending termination for:
- Gross negligence/misconduct in logo tasks and late reporting;
- Sleeping on duty (breach of confidence);
- DTR tampering (falsification).
- IBC-13 approved the recommendation and dismissed Guerrero, who then filed for illegal dismissal, backwages, damages, and attorney’s fees.
- Labor Tribunal and Appellate Proceedings
- Labor Arbiter (Dec 6, 2013) and NLRC (Apr 16, 2014) upheld the dismissal, finding causes valid.
- The Court of Appeals (July 19, 2016) reversed, ruling dismissal illegal, ordering reinstatement, backwages (less six-month suspension), and 10% attorney’s fees. Its denial of petitioner’s reconsideration motion was dated November 24, 2016.
Issues:
- Whether petitioner proved by substantial evidence a just and valid cause—gross and habitual neglect, serious misconduct, breach of trust, or falsification—warranting Guerrero’s dismissal under Article 297 (formerly 282) of the Labor Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)