Case Digest (G.R. No. 117582)
Facts:
Conrado Samillano and Myrna V. Samillano v. National Labor Relations Commission, Dan-Agsa Dakbayan Broadcasting Corporation Radio Station DXDD, Msgr. Jesus Dosado and Simplicia Neri, G.R. No. 117582, December 23, 1996, First Division, Padilla, J., writing for the Court.Petitioners Conrado and Myrna Samillano (spouses) were long-time employees of respondent Dan-agsa Dakbayan Broadcasting Corporation (DXDD), hired on 1 October 1981 and 1 August 1983 respectively. On 2 October 1990 the Samillanos were reassigned: Conrado from Traffic Supervisor to SSB Operator (Technical Department) and Myrna from Cashier to AM Production. The spouses filed a complaint for illegal demotion on 8 February 1991 and a separate complaint for illegal dismissal (with claims for backwages, commissions and other monetary claims) on 20 May 1991 after they were terminated on 23 April 1991. Respondents justified the termination by alleging misappropriation of station funds and insubordination.
The complaints were consolidated before Regional Arbitration Branch No. 10, Cagayan de Oro City (NLRC RAB Case Nos. 10-03-00195 and 10-06-00371-91). Labor Arbiter Noel Augusto S. Magbanua found there was no proof the reassignments were retaliatory and upheld them as a valid exercise of management prerogative; however, he declared the dismissals illegal because the alleged misappropriations were not adequately substantiated. The arbiter declined reinstatement due to strained relations and awarded separation pay equal to one month’s salary per year of service, only six months’ backwages to each petitioner, and denied unpaid commissions for lack of proof.
Respondent-employer appealed to the NLRC but the appeal was initially dismissed for failure to properly perfect it. The NLRC later reinstated the appeal upon finding the notice and memorandum were mailed within the reglementary period. On the merits, the NLRC reversed the labor arbiter: it found the employer proved loss of trust and confidence based on an audit report (by Domeciano Adaya) and internal reports, and therefore upheld the dismissa...(Subscriber-Only)
Issues:
- Did the NLRC gravely abuse its discretion in holding that the dismissals of petitioners were valid?
- Did the NLRC gravely abuse its discretion in limiting the sanction for respondents’ procedural deficiency to a small indemnity rather than awarding full sub...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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