Case Digest (G.R. No. 110776)
Facts:
Maranaw Hotel & Resort Corporation (Century Park Sheraton Manila) v. National Labor Relations Commission and Ciro Betila, G.R. No. 110776, May 26, 1995, the Supreme Court Second Division, Puno, J., writing for the Court.Private respondent Ciro Betila was employed by petitioner Century Park Sheraton Hotel - Manila as a room attendant from June 22, 1980 until his dismissal on July 22, 1989. On January 22, 1989 a Japanese guest, Mr. Motomu Okumura, reported to the Department of Tourism’s Tourist Security Division the loss of 40,000 yen and US$210 found missing from his hotel room. The Tourist Security Division’s inquiry identified Betila as the room attendant who cleaned that room earlier that day; Betila failed to appear for the Division’s invited interview on January 22, 1989 and the investigation proceeded in his absence.
A progress report dated January 26, 1989 recorded that Betila had left duty earlier that day, that no other attendant entered Room 350 until the guest discovered the loss at 5:00 p.m., and that Personnel Assignment records showed twelve reported losses in rooms assigned to Betila from June 1986 to December 1988 with none of the lost articles recovered. Investigators reported that these losses tended to occur the day before Betila’s scheduled day off, suggesting a recurring modus operandi; the Tourist Security Division recommended separation from service.
On April 5, 1989 another Japanese guest, Mr. Masatoshi Kusumoto, reported a similar loss; records showed Betila as the only person who entered Kusumoto’s room before the loss was discovered. Betila again failed to appear for the Tourist Security Division’s investigation on April 8, 1989. The investigator recommended dismissal to deter further victimization of guests and protect the hotel’s reputation.
By letter dated May 5, 1989, the hotel’s Executive Housekeeper informed Betila of the investigators’ findings and required his explanation within forty-eight hours; although Betila received the letter on May 11, 1989, he did not reply. After internal evaluation, petitioner dismissed Betila by memorandum dated July 17, 1989; Betila refused to acknowledge receipt and filed a complaint for illegal dismissal and unfair labor practice.
A Labor Arbiter (Decision dated November 8, 1991) declared the dismissal illegal and ordered reinstatement. The National Labor Relations Commission (NLRC) Second Division affirmed the Labor Arbiter on appeal (Decision dated April 27, 1993, penned by Commissioner Rogelio I. Rayala, concurred in by ...(Subscriber-Only)
Issues:
- Did the NLRC commit grave abuse of discretion amounting to lack of jurisdiction by finding that Ciro Betila was denied due process prior to his dismissal?
- Did the NLRC commit grave abuse of discretion amounting to lack of jurisdiction by finding that Century Park Sheraton dismissed B...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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