Title
Lingganay vs. Del Monte Land Transport Bus Company, Inc.
Case
G.R. No. 254976
Decision Date
Aug 20, 2024
Lingganay claimed illegal dismissal from Del Monte for accidents during employment. The Court ruled his dismissal valid due to gross negligence, highlighting procedural missteps in amending complaints.
dismissal
labor law
illegal dismissal
A

Case Digest (G.R. No. 254976)

Facts:

  • Parties and nature of the case
  • Marcelino Dela Cruz Lingganay (Lingganay) filed a complaint for illegal dismissal with money claims against Del Monte Land Transport Bus Company, Inc. (DLTB Co.) and Narciso Morales (collectively, respondents).
  • Respondents hired Lingganay as a bus driver and later dismissed him for alleged violations of company rules and regulations on health and safety and for gross and habitual neglect of duties.
  • Filing of claims and procedural developments before the labor tribunals
  • Lingganay filed an amended complaint for illegal dismissal on July 13, 2017, alleging that respondents illegally terminated his employment and claiming moral and exemplary damages and attorney’s fees.
  • On August 17, 2017, Lingganay filed his Position Paper With Urgent Motion to Amend (motion to further amend).
  • In his motion to further amend, Lingganay prayed for additional awards, namely: separation pay, holiday premium, rest day pay, and underpaid wages.
  • In support of his additional claims, Lingganay alleged, among others:
1) he was initially hired as a bus driver with a daily salary of PHP 337.00; 2) on October 21, 2013, while driving along Maharlika Highway in Barangay Concepcion, Plaridel, Province of Quezon, he figured in an accident involving Isidro Alvarez; 3) the matter with Isidro Alvarez was eventually settled; 4) on December 7, 2013, his employment contract ended, but he continued working as a “yardman” with a daily wage of PHP 300.00; 5) on December 10, 2013, respondents rehired him as a bus driver; 6) sometime in 2014, respondents assigned him to the motor pool division in Cubao, Quezon City; 7) on July 15, 2015, respondents transferred him to the Lucena Line; 8) on November 5, 2015, respondents suspended him for five (5) days for failure to “take time schedule” on October 8, 2015; 9) on January 21, 2017, respondents suspended him for ten (10) days for being involved in an accident with a motorcycle on December 30, 2016; 10) he resumed duties on January 31, 2017, “with warning”; 11) on May 1, 2017, while driving along San Juanico Bridge in Samar, he figured in another accident when he crashed into the rear portion of a Toyota Wigo; 12) on May 5, 2017, respondents issued a Memorandum giving him five (5) days to explain and placing him under preventive suspension; 13) on May 22, 2017, he submitted a handwritten Salaysay and attended the administrative hearing/investigation.
  • The labor complaint was thus anchored on his alleged illegal dismissal, while the motion to further amend sought to add additional money claims.
  • Dismissal and substantive allegations regarding the ground for dismissal
  • In the Decision dated May 29, 2017, respondents terminated Lingganay from employment for transgressing company rules and regulations on health and safety, specifically:
1) “Violation 8.1.4 Any form of laxity, reckless driving and gross negligence resulting to damages to property, injuries, death[,] and other casualties .”
  • The dismissal prompted Lingganay to file the illegal dismissal complaint with money claims.
  • Competing narratives before the Labor Arbiter
  • Lingganay’s position in his complaint included the following points:
1) it was not his fault that a van suddenly overtook the Toyota Wigo ahead of the bus; 2) he argued the descending condition of the road made it difficult for the bus not to hit the Toyota Wigo that made a sudden and unexpected stop to avoid hitting the van; 3) he contended that even if negligence existed, it must be gross and habitual, which he said was absent.
  • Lingganay argued, in particular, that:
1) his prior accidents were minor; 2) respondents made no finding that he was negligent and/or the cause of previous accidents; 3) respondents had allowed him to report back to work after prior accidents.
  • Respondents’ position included the following:
1) respondents hired Lingganay as a bus driver on December 10, 2013; 2) they dismissed him on May 29, 2017 for habitually transgressing company health and safety rules.
  • Respondents recounted the incidents supporting their charge:
1) on December 30, 2016, the bus driven by Lingganay bumped a motorcycle at Barangay Tabason, Tagkawayan, Quezon, causing physical injuries to the motorcycle driver and back rider; 2) they reported damage and injuries, and settled to avoid legal suit; they asserted the settlement amount for the Toyota Wigo incident as well; 3) on May 1, 2017, Lingganay crashed the bus into the rear portion of a Toyota Wigo while driving along the San Juanico Bridge, Samar.
  • Respondents claimed damages and settlement effects:
1) damage to the company bus: PHP 6,500.00; 2) damage to the Toyota Wigo: PHP 99,000.00; 3) they settled the full PHP 99,000.00 with the car owner to avoid legal action.
  • Respondents asserted that, because Lingganay habitually drove recklessly, dismissal was justified under the company rules and under the Labor Code’s standards.
  • Decisions of the labor tribunals and appellate courts on dismissal and amendment
  • Labor Arbiter (LA) Decision (September 29, 2017):
1) the LA ruled in favor of respondents; 2) the LA found that Lingganay’s dismissal was justified for violating company health and safety rules, i.e., Violation 8.1.4; 3) the LA dismissed the illegal dismissal complaint for lack of merit.
  • LA denial of motion to further amend:
1) the LA denied Lingganay’s motion to further amend pursuant to Rule V, Section 11 of the 2011 NLRC ...(Subscriber-Only)

Issues:

  • Procedural issue on amendment of the complaint
  • Whether the CA committed reversible error in denying Lingganay’s motion to further amend his amended complaint, in light of Rule V, Sections 11 and 12 of the 2011 NLRC Rules.
  • Whether the incorporation of his motion to amend and a second amended complaint in his position paper was justified based on Our Haus Realty Development Corp. v. Parian and related doctrine concerning raising claims in position papers.
  • Substantive issue on legality of dismissal
  • Whether the CA committed reversible error in holding that Lingganay’s dismissal from employment was valid.
  • Whether respondents proved that Lingganay’s neglig...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)
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