Case Digest (G.R. No. 109809)
Case Digest (G.R. No. 109809)
Facts:
Vallacar Transit, Inc. v. National Labor Relations Commission and Virgilio Baldezamo, G.R. No. 109809, July 17, 1995, Supreme Court First Division, Quiason, J., writing for the Court.
Petitioner: Vallacar Transit, Inc.; Respondents: the National Labor Relations Commission (NLRC) and private respondent Virgilio Baldezamo.
Private respondent was hired by Vallacar Transit, Inc. on March 25, 1984 as a bus driver for the Bacolod–San Carlos route. He was involved in a nonfatal accident on March 30, 1984, another vehicular accident on April 22, 1985 that resulted in passenger injury, and on April 8, 1988 the bus he drove was bumped by a tractor, causing two passenger deaths and other injuries; the bus sustained heavy damage. While the bus was being repaired, private respondent was left without driving assignment and repeatedly inquired about reassignment; he was told to wait until called back. On February 28, 1989 he was informed he could not drive while the case concerning the April 8, 1988 accident was pending. After many months without reassignment or further communication, he filed a complaint for illegal dismissal and nonpayment of thirteenth-month pay, praying alternatively for reinstatement or separation pay.
The Labor Arbiter ruled for private respondent but awarded only separation pay (P27,634.50) plus attorney’s fees (10% of award), dismissing other claims. Private respondent appealed to the NLRC. In its Decision dated December 9, 1992, the NLRC set aside the Labor Arbiter’s award and ordered Vallacar Transit to reinstate private respondent without loss of seniority, to pay one year’s back wages (P31,933.20) and attorney’s fees (P3,000.00). Petitioner’s motion for reconsideration was denied by NLRC in its January 26, 1993 Resolution.
Petitioner filed a petition for certiorari under Rule 65 of the Rules of Court before the Supreme Court seeking reversal of the NLRC decision. The Court issued a temporary restraining order while the petition was pending.
Issues:
- Did the NLRC commit grave abuse of discretion in ordering reinstatement of Virgilio Baldezamo and awarding back wages and attorney’s fees?
- Was the Labor Arbiter’s award of separation pay (in lieu of reinstatement) appropriate under the circumstances?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)