Title
Tolentino vs. National Labor Relations Commission
Case
G.R. No. 75380
Decision Date
Jul 31, 1987
A terminated employee seeks reinstatement after being unjustly dismissed, leading to a legal battle over whether she should be reinstated or awarded back wages and separation pay.
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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:

  • (Unlock)

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

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