Case Digest (G.R. No. 209437)
Facts:
Philam Homeowners Association, Inc., and Marcia Caguiat v. Sylvia De Luna and Nenita Bundoc, G.R. No. 209437, March 17, 2021, Supreme Court Third Division, Hernando, J., writing for the Court. Petitioners are Philam Homeowners Association, Inc. (PHAI) and its president Marcia Caguiat; respondents are employees Sylvia De Luna (Office Supervisor) and Nenita Bundoc (Cashier).
PHAI, a homeowners association, commissioned an audit in September 2008 that disclosed alleged irregularities involving unissued/undeposited collections, unauthorized provisional receipts, altered official receipts and encashment of personal checks. The independent auditor and an internal investigating committee attributed specific shortfalls to De Luna and Bundoc, producing itemized loss estimates. Bundoc took a 30-day leave during the audit; PHAI sent requests for explanations and on February 26, 2009 terminated Bundoc. On May 23, 2009, after further investigation, PHAI’s Board demanded payment from De Luna and notified her of dismissal for dishonesty, misappropriation and malversation.
De Luna and Bundoc filed separate complaints for illegal dismissal (and related claims) before the Labor Arbiter. The Labor Arbiter (April 30, 2010) found their dismissals lawful for loss of trust and confidence and that procedural due process was observed. The NLRC affirmed the Arbiter in a July 26, 2010 Resolution and denied reconsideration (September 30, 2010). Respondents then filed a petition for certiorari with the Court of Appeals (CA), which dismissed their petition but modified the NLRC award: it ordered PHAI to pay De Luna salary/benefits for 10 days (finding preventive suspension exceeded the 30-day limit) and awarded Bundoc ₱30,000 nominal damages for procedural du...(Subscriber-Only)
Issues:
- Did the Court of Appeals exceed its appellate jurisdiction by reviewing and modifying the NLRC’s factual findings?
- Did the Court of Appeals err in modifying the NLRC decision by awarding Nenita Bundoc nominal damages of ₱30,000 and ordering payment to Sylvia De Luna of 10 days’ salary, al...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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