Case Digest (G.R. No. 153510)
Facts:
R.B. Michael Press and Annalene Reyes Escobia v. Nicasio C. Galit, G.R. No. 153510, February 13, 2008, Second Division, Velasco Jr., J., writing for the Court.Petitioners R.B. Michael Press and Annalene Reyes Escobia employed respondent Nicasio C. Galit as an offset machine operator beginning May 1, 1997; his work schedule was 8:00 a.m. to 5:00 p.m., Mondays to Saturdays, and his daily wage was PhP 230. During his employment Galit accumulated 190 instances of tardiness totaling 6,117 minutes and nine-and-a-half days of absence without leave.
On February 22, 1999 Reyes allegedly instructed Galit to render overtime to meet a job deadline; Galit refused. On February 23, 1999 Escobia served an Office Memorandum warning Galit of possible dismissal listing four offenses (habitual tardiness, discourtesy, failure to work overtime, insubordination) and summoned him to a hearing at 4:00 p.m. that same day. A hearing was held that afternoon. On February 24, 1999 petitioners terminated Galit and gave him two days’ pay plus a termination letter stating he admitted the offenses and that testimony at the hearing justified dismissal.
Galit filed a complaint for illegal dismissal and money claims with the Labor Arbiter as NLRC Case No. RAB IV-2-10806-99-C. On October 29, 1999 the Labor Arbiter found the dismissal illegal and ordered reinstatement with backwages. Petitioners appealed to the NLRC (NLRC NCR CA No. 022433-00), which on April 28, 2000 dismissed their appeal. Petitioners then filed a petition for certiorari with the Court of Appeals in CA-G.R. SP No. 62959; on November 14, 2001 the CA affirmed with modification the NLRC decision, holding dismissal illegal and directing computation of backwages from February 22, 1999 to finality using PhP 230 daily wage. Reconsideration was denied by the CA on May 7, 2002.
Petitioners filed the present petition for review under Rule 45 ...(Subscriber-Only)
Issues:
- Was Galit's dismissal for just cause, and was the required procedural due process observed?
- Is Galit entitled to reinstatement and backwages (or other benefits) despite his refusal to be ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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