G.R. No. 240882 - Mariano vs. G.V. Florida Transport

Wilfredo T. Mariano (petitioner/employee) filed a complaint against G.V. Florida Transport and Virgilio Florida, Jr. (respondents/employer and owner) for illegal dismissal, non-payment of wages for two round trips, non-payment of 13th month pay, refund of cash bond, damages, and attorney’s fees.
Mariano worked as a bus driver for Florida Transport since August 5, 2005, earning P3,400.00 per round trip plus commission, traveling the route from Gonzaga, Cagayan to Metro Manila and vice versa.

On May 31, 2015, Mariano was instructed by a company representative to alight from his assigned bus at the main station in Sampaloc, Manila, and was prevented from continuing his trip to Gonzaga, Cagayan.
Mariano reported to work the next day but was advised not to come until further notice, to be informed by e-mail about his bus assignment.
Labor Arbiter (LA) ruled against respondents due to failure to file a position paper for Mariano’s claim, ordering payment of separation pay, backwages, proportionate 13th month pay, unpaid wages for two round trips, 13th month pay for three years, and attorney’s fees, totaling P267,486.67.

Respondents claimed they filed the position paper by mailing two separate position papers (for Mariano and Arellano) in one sealed envelope via registered mail to the LA’s office.
The National Labor Relations Commission (NLRC) admitted the position paper and found Mariano was validly dismissed for serious misconduct based on several reckless driving incidents, but limited the award to proportionate 13th month pay since proof of Mariano’s attendance was incomplete.

Mariano filed an appeal to the Court of Appeals (CA), which dismissed the petition, affirming the NLRC’s findings: valid dismissal with proper notices and compliance with procedural due process.
Mariano sought reconsideration, which was denied by the CA, thus filing a Petition for Review on Certiorari before the Supreme Court.

Respondents failed to justify the late submission of the position paper and did not furnish him with a copy, violating his right to reply.
He was not given the first notice of dismissal, hearing, or conference, and lacked notice of termination.
The alleged misconduct for dismissal was not sufficiently substantiated.

Whether the respondents validly filed their position paper on time and properly served copies to Mariano, thus affording him his right to due process in the dismissal.
Whether Mariano's dismissal was valid and justified for serious misconduct based on the evidence.
Whether Mariano is entitled to monetary claims such as unpaid wages and proportionate 13th month pay despite dismissal for just cause.
Whether Virgilio Florida, Jr., as owner and manager, is solidarily liable with the corporation for Mariano’s claims.
What damages, if any, are due to Mariano for procedural due process violations.