Case Digest (G.R. No. 75380)
Facts:
- Victoria M. Tolentino, the petitioner, worked as an Audit Supervisor in BF Lifeman Insurance Corp.
- On October 15, 1984, Tolentino received a memo informing her of her termination due to a slapping incident that occurred on September 5, 1984.
- Tolentino claimed that she slapped Villadelgado because she felt unjustly aggrieved by the baseless and vindictive merit ratings given to her.
- Tolentino sought reconsideration of the decision, but management denied her request and added the grounds of grave misconduct and falsification of documents.
- The Labor Arbiter ruled in favor of Tolentino, stating that there was no valid cause for dismissal.
- The Arbiter also found that the inclusion of the falsification charge was a mere afterthought and not a valid ground for dismissal.
- The Arbiter ordered Tolentino's reinstatement without loss of seniority and with backwages.
- On appeal, the NLRC modified the decision of the Labor Arbiter and deleted the award of reinstatement.
- The NLRC ordered the payment of six months back wages and separation pay, arguing that reinstatement was not feasible due to the peculiar circumstances of the case and the breach of trust and confidence caused by the alleged falsification.
Issue:
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Ruling:
- The Supreme Court ruled in favor of Tolentino and set aside the decision of the NLRC.
- The court held that the NLRC's reasoning for denying reinstatement was based on a false premise and contrary to the evidence on record.
- The court emphasized that reinstatement is mandated by law in cases of unjust dismissal.
- The court also noted that the alleged falsification charge was not the basis for Tolentino's dismissal and should have been properly addressed through due process.
- Therefore, the court ...(Unlock)
Ratio:
- The court held that reinstatement is mandated by law in cases of unjust dismissal.
- The cou...continue reading
Case Digest (G.R. No. 75380)
Facts:
The case of Tolentino v. National Labor Relations Commission involves Victoria M. Tolentino, an employee who was unjustly dismissed by BF Lifeman Insurance Corp. and/or Enrique M. Zalamea, Jr., the company's president. The case was filed with the Arbitration Branch of the National Labor Relations Commission (NLRC) and was docketed as NLRC/NCR Case No. 10-38-3884. The Labor Arbiter ruled that Tolentino was suspended from work for the period of October 15 to 26, 1984, and ordered her reinstatement to her position without loss of seniority, with back wages from October 27, 1984, until the date of actual reinstatement.
The case was appealed to the NLRC by the respondent company, and the NLRC modified the decision of the Labor Arbiter. The NLRC ordered the respondent to pay Tolentino six months' back wages plus separation pay equivalent to one-half month salary for every year of service. Dissatisfied with the decision, Tolentino filed a petition for certiorari to annul and set aside the NLRC decision.
Issue:
The main issues raised in the case are as follows:
- Whether the "peculiar circumstances" invoked by the NLRC in its decision have a factual basis and are relevant to the issue of rei...