Case Digest (G.R. No. 240882)
Facts:
Wilfredo T. Mariano v. G.V. Florida Transport and/or Virgilio Florida, Jr., G.R. No. 240882, September 16, 2020, the Supreme Court First Division, Lopez, J., writing for the Court. The petitioner is Wilfredo T. Mariano (a bus driver); the respondents are G.V. Florida Transport and its owner/manager Virgilio Florida, Jr. (Francisco C. Arellano was a co-complainant below but did not join this petition). The dispute arose from a Complaint for illegal dismissal, non‑payment of wages for two round trips and 13th month pay, refund of cash bond, damages and attorney’s fees filed before the Labor Arbiter.Before the Labor Arbiter, Mariano alleged he had been a driver since 2005 and was instructed to alight from his assigned bus on May 31, 2015 and then advised not to report for work pending reassignment. On December 11, 2015, Labor Arbiter Ma. Lourdes R. Baricaua found respondents failed to file a position paper as to Mariano and thus deemed his allegations admitted, declaring Mariano illegally dismissed and awarding P267,486.67 in various money claims.
Respondents appealed to the National Labor Relations Commission (NLRC), contending they had mailed separate position papers for Mariano and Arellano in one sealed envelope (registry receipt alleged). On January 28, 2016, the NLRC admitted respondents’ position paper, found that Mariano had committed numerous reckless‑driving infractions constituting serious misconduct, reversed the Labor Arbiter as to Mariano (valid dismissal), and limited relief to proportionate 13th month pay. Mariano’s motion for reconsideration before the NLRC was denied.
Mariano then filed a petition for certiorari with the Court of Appeals (CA). On October 26, 2017 the CA dismissed his petition for lack of merit and denied reconsideration on July 12, 2018. Mariano filed a Petition for Review on Certiorari under Rule 45 to the Supreme Court, challenging (inter alia) the NLRC’s admission of respondents’ belated position paper for lack of proper proof of service, the absence of the first notice and hearing...(Subscriber-Only)
Issues:
- Did respondents sufficiently justify the belated submission and service of their position paper to permit the NLRC to admit it on appeal?
- Were the procedural due process requirements (first notice, hearing/conference, and notice of termination) observed in Mariano’s dismissal?
- Was Mariano validly dismissed for serious misconduct on substantive grounds?
- Are Mariano’s claims for unpaid wages (two round trips) and proportionate 13th month pay properly awardable despite dismissal?
- Can Virgilio Florida, Jr., as owner/manager, be held solidarily ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)