Title
Manila Water Co. vs. Del Rosario
Case
G.R. No. 188747
Decision Date
Jan 29, 2014
Employee dismissed for theft of company property; Supreme Court ruled no separation pay due to serious misconduct, despite 21 years of service.

Case Digest (G.R. No. 188747)
Expanded Legal Reasoning Model

Facts:

  • Employment Background
    • Carlito Del Rosario hired as Instrument Technician by MWSS on October 22, 1979.
    • MWSS reorganized under RA 8041 and EO 286; Manila Water absorbed Del Rosario effective August 1, 1997.
  • Alleged Misconduct and Administrative Action
    • In May 2000, 24 water meters went missing; Manila Water issued June 23, 2000 memorandum directing explanation within 72 hours.
    • Del Rosario confessed in writing; formal investigation on June 29, 2000 found him liable under Section 11.1 of the Company’s Code of Conduct; dismissed July 3, 2000.
  • Labor Proceedings
    • Del Rosario filed illegal dismissal complaint; claimed coerced confession and lack of counsel.
    • Labor Arbiter decision (May 30, 2002): dismissed complaint for lack of merit but awarded separation pay (½ month salary per year of service from August 1, 1997 to June 2000; total ₱118,062).
    • NLRC resolutions (Sept 30, 2003 and Apr 28, 2005) dismissed Manila Water’s appeal for lack of certification against forum shopping.
    • CA Decision (Mar 31, 2009): reversed NLRC for grave abuse of discretion; reinstated Labor Arbiter decision with modification of separation pay period; CA Resolution (July 7, 2009) denied reconsideration.
  • Supreme Court Petition
    • Manila Water filed Rule 45 petition contending separation pay is not due for serious misconduct under Book VI, Rule I, Sec. 7 of the Omnibus Rules.
    • SC confined review to propriety of separation pay award; legality of dismissal and confession issues considered closed.

Issues:

  • Whether an employee validly dismissed for serious misconduct reflecting on moral character is entitled to separation pay under Rule I, Section 7, Book VI of the Omnibus Rules implementing the Labor Code.
  • Whether length of service alone can justify an award of separation pay despite dismissal for gross misconduct.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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