Case Digest (G.R. No. 194306)
Facts:
Sebastian F. Oasay, Jr. v. Palacio Del Gobernador Condominium Corporation and/or Omar T. Cruz, G.R. No. 194306, February 06, 2012, Supreme Court Second Division, Reyes, J., writing for the Court.
Petitioner Sebastian F. Oasay, Jr. was appointed Building Administrator of the government-owned Palacio Del Gobernador Condominium Corporation (PDGCC) first on probation (June 1, 1994) and later as permanent Building Administrator effective September 1, 1994 by Board Resolution No. 013. The condominium housed several government offices, including the COMELEC, which contracted some rehabilitation works on the 8th floor.
Beginning in 2005 PDGCC President Omar T. Cruz questioned petitioner about (a) additional compensation petitioner admitted receiving from COMELEC for supervising rehabilitation works and (b) why petitioner allowed EGB Security Investigation and General Services, Inc. (an allegedly unlicensed security agency) to render services to the condominium. Assistant Secretary Alberto Bernardo, a PDGCC board member and internal auditor, investigated and recommended filing charges under RA 3019 and RA 6713, reporting that petitioner’s COMELEC tasks fell within his PDGCC duties and that he acted in bad faith by not seeking PDGCC’s permission; Bernardo also reported manipulation of the bidding process favoring EGB.
Petitioner sought early retirement (March and May 2006). On October 28, 2006 Cruz informed petitioner that the Bureau of Treasury would assume administration because the Board found petitioner’s explanations unsatisfactory; petitioner turned over accountabilities. On January 23, 2007 petitioner filed a complaint for constructive dismissal with the arbitration branch of the NLRC, claiming illegal dismissal and various benefits.
The Labor Arbiter dismissed petitioner’s complaint (Nov. 12, 2007), finding breach of trust; the NLRC affirmed but, invoking equity, awarded separation pay of 1.5 months’ pay per year (June 2, 2008). Both parties sought reconsideration with the NLRC which denied relief (Dec. 23, 2008). Petitioner filed for certiorari with the Court of Appeals (CA), while PDGCC sought reversal of the separation-pay award.
The CA, in a decision dated August 27, 2010, dismissed petitioner’s certiorari petition for lack of merit and granted PDGCC’s petition to reverse the separation-pay award, finding just cause (loss of trust and confidence) for dismissal based on petitioner’s receipt of remuneration from COMELEC for duties within his PDGCC responsibilities and h...(Pro-only)
Issues:
- In a Rule 45 petition, may this Court review the factual findings of the NLRC and the Court of Appeals?
- Was petitioner afforded procedural due process in his termination (i.e., were the two notice requirements satisfied)?
- Was petitioner validly dismissed for loss of trust and confidence (a substantive ground under Article 282 of the Labor Code), and thus ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)