Case Digest (G.R. No. 78763)
Case Digest (G.R. No. 78763)
Facts:
Manila Electric Company v. National Labor Relations Commission and Apolinario M. Signo, G.R. No. 78763, July 12, 1989, First Division, Medialdea, J., writing for the Court.Petitioner Manila Electric Company (Meralco) employed private respondent Apolinario M. Signo as a supervisor‑leadman from January 1963 until his dismissal on May 18, 1983. In 1981 Signo assisted a certain Fernando de Lara in processing an application for electrical service to de Lara’s residence in Penafrancia Subdivision, Antipolo, and received P7,000 from de Lara in consideration for those services. To facilitate installation despite the residence being beyond Meralco’s serviceable 30‑meter limit, Signo and other employees represented that a nearby sari‑sari store (an entrance to the subdivision) was de Lara’s establishment, when it was not, thereby enabling the connection.
The Power Sales Division’s failures resulted in de Lara not being billed for over a year; Meralco investigated and held Signo responsible for the irregular installation and unbilled consumption. Meralco dismissed Signo on May 18, 1983. On August 10, 1983 Signo filed a complaint for illegal dismissal, unpaid wages and separation pay before the Labor Arbiter.
After submissions, the Labor Arbiter rendered a decision on April 29, 1985 finding that, although Signo participated in the irregularity and violated the company’s Code on Employee Discipline (citing Section 6, par. 24 and Section 7, par. 8), his twenty years of unblemished service and prior commendations made dismissal too severe; the Arbiter ordered reinstatement without backwages. Both parties appealed to the respondent National Labor Relations Commission (NLRC), which on March 12, 1987 dismissed both appeals for lack of merit and affirmed the Labor Arbiter in toto.
Petitioner filed this petition for certiorari under Rule 65 on June 23, 1987, assailing the NLRC resolution as a grave abuse of discretion. This Court issued a temporary restraining order on August 3, 1987 enjoining enforcement of the NLRC resolution. The case was submitted and decided by the Supreme Court First Division, with the TRO later lifted in the Court’s decision.
Issues:
- Did the NLRC commit grave abuse of discretion in ordering the reinstatement of Apolinario M. Signo instead of upholding his dismissal for serious misconduct and loss of trust and confidence?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)