Case Digest (G.R. No. 211312)
Facts:
People's Security, Inc. and Nestor Racho, G.R. No. 211312, December 05, 2016, Supreme Court Third Division, Reyes, J., writing for the Court. Petitioners are security company People’s Security, Inc. (PSI) and its President Nestor Racho; respondents are former PSI security guards Julius S. Flores and Esteban S. Tapiru.Flores and Tapiru had been assigned by PSI to various Philippine Long Distance Telephone Company (PLDT) facilities pursuant to a contract between PSI and PLDT. When PSI’s security services agreement with PLDT was terminated on October 1, 2001, PSI recalled the guards assigned to PLDT. On October 8, 2001, Flores, Tapiru and other guards filed an illegal dismissal complaint with the NLRC against PLDT and PSI claiming they were PLDT employees; that case proceeded before Labor Arbiter Felipe Pati. An LA decision (October 22, 2002) initially declared them PLDT employees but this was ultimately set aside by the NLRC, affirmed by the Court of Appeals and the Supreme Court.
PSI later reassigned the respondents to other clients. On January 13, 2003 PSI issued Special Order No. 20031010 relieving the respondents from their respective assignments. Thereafter, Flores and Tapiru reported at different times that they repeatedly sought reassignment from PSI but were not given new posts; PSI maintained they were merely relieved for performance reasons and that they did not report for reassignment, amounting to abandonment.
Flores and Tapiru filed separate complaints for illegal dismissal and related claims against PSI and Racho in September 2005 with the Regional Arbitration Branch of the NLRC. PSI moved to dismiss for forum shopping (January 2006); the LA initially dismissed (May 21, 2006) but the NLRC later reversed and remanded (March 26, 2008). After position papers and further proceedings, the LA (January 30, 2009) found illegal dismissal and awarded separation pay and backwages. On appeal the NLRC reversed (April 14, 2010), finding the respondents had abandoned their employment and had obtained other security work during the floating period; reconsideration was denied (June 15, 2010).
The respondents petitioned the Court of Appeals for certiorari; the CA reversed the NLRC on April 25, 2013, holding the respondents were illegally dismissed (not abandoned) and that PSI failed to comply with due process twin-notice requirements. The CA denied reconsideration (Resolution, Fe...(Subscriber-Only)
Issues:
- Were the respondents illegally dismissed from employment?
- Is petitioner Nestor Racho jointly and solidarily liable with People’s Security, Inc. for the monetary awards in favor of the re...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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