Case Digest (G.R. No. 120553)
Facts:
Pampanga II Electric Cooperative, Inc., and Jesus S. Nicdao, petitioners, vs. National Labor Relations Commission (Third Division) and Rafael Tiglao, respondents, G.R. No. 107541, November 16, 1995, Supreme Court Second Division, Mendoza, J., writing for the Court.
Petitioners are Pampanga II Electric Cooperative, Inc. (PELCO II) and its General Manager Jesus S. Nicdao; private respondent is Rafael Tiglao, a long‑time bill collector for PELCO II. Tiglao was dismissed effective November 7, 1990 for alleged failure to account for P75,238.87 in collections. Tiglao claimed that on April 30, 1990 he lost a clutch bag containing about P5,000 cash and duplicated receipts listing roughly P70,000 in collectible bills after fleeing from three men; he reported the loss to the barangay captain.
On May 2, 1990 Tiglao informed Area Manager Virgilio Yambao and offered to continue collecting based on his personal records. Despite this, an internal audit reportedly showed unremitted collections totaling P75,238.87. PELCO II sent Tiglao a July 27, 1990 memorandum directing him to settle the obligation immediately. Tiglao replied on August 8, 1990, proposing payroll deductions of P500 twice monthly or, alternatively, executing a deed of conveyance over land to satisfy the amount. On August 23, 1990 the Area Manager informed him that management rejected the proposal and gave him five days to settle or face termination. On August 31, 1990 General Manager Nicdao suspended Tiglao without pay effective September 3, 1990, citing accountability for collections, prior similar incidents, absenteeism and disregard of memoranda. After some consumers paid small sums following his suspension and despite Tiglao’s continued protestations, PELCO II terminated him on November 7, 1990.
Tiglao filed a complaint with the Labor Arbiter alleging illegal dismissal and unfair labor practice. The Labor Arbiter found PELCO II guilty of illegal dismissal and unfair labor practice, ordered reinstatement (or payment in lieu), and awarded backwages, other benefits, moral and exemplary damages and attorney’s fees (totaling P101,600). The National Labor Relations Commission (Third Division) affirmed with modification: it recomputed backwages (not to exceed three years), deleted moral and exemplary damages, reduced attorney’s fees to P1,432.00, and absolved PELCO II of the unfair labor practice charge.
PELCO I...(Pro-only)
Issues:
- Was the dismissal procedurally defective for lack of notice and hearing under the Labor Code and this Court’s precedents?
- Was the dismissal substantively justified on the ground of loss of trust and confidence arising from alleged unremitted collections?
- Was the NLRC’s conclusion that there was “not an iota of evidence” of Tiglao’s culpability correct, and did that conclusion cons...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)