Case Digest (G.R. No. 110321)
Facts:
Hilario Vallende, Mario J. Espartero, Benjamin R. Betito, Larry Dormido, Rogelio Alvarez, Thelmo Morin, Amer Tinosan, Alan Cristales, Edwin Tolentino, and Evelino Dagle v. National Labor Relations Commission (Fourth Division, Cebu City), Top Center Processing Bacolod, Inc. and/or Jose Sepulveda, Manager, G.R. No. 110321, July 07, 1995, the Supreme Court First Division, Quiason, J., writing for the Court.
Petitioners were rank-and-file employees of Top Center Processing, Incorporated engaged in the harvesting, sorting and packing of prawns as members of the "Charlie Team." In August 1991 Top Center learned of pilferages allegedly effected by replacing calibrated weighing scales with defective ones so that harvest weights showed an excess; a company memorandum of August 5, 1991 warned workers of that information. On December 29, 1991 the Charlie Team (except Pablito Jimenez) harvested prawns from the farm of Benjamin Salvador.
On January 10, 1992 petitioner Amer Tinosan discovered his December 16–31, 1991 salary had been withdrawn by co-petitioner Larry Dormido, allegedly upon a written authorization Tinosan denied; Dormido later admitted he acted per instructions of chief Mario Espartero. Tinosan told plant superintendent Elizer Balbin he was resigning because crew members were after him for failing to deliver their share from the sale of pilfered prawns. On January 12, 1992 petitioners Evelino Dagle, Edwin Tolentino and Alan Cristales volunteered additional information to Balbin about the December 29 pilferage, after which Balbin suspended all Charlie Team members pending investigation and reported to management.
Top Center required written explanations and on January 29, 1992 conducted formal investigations giving petitioners the opportunity to dispute the charges; notices of termination were issued on February 7, 1992. Petitioners then filed consolidated complaints for illegal dismissal, underpayment and nonpayment of various monetary claims before the NLRC Regional Arbitration Branch No. VI, Bacolod City. On November 18, 1992 the Labor Arbiter rendered a decision ordering reinstatement with backwages of Pablito Jimenez but dismissing all other claims for lack of merit. The NLRC affirmed the Labor Arbiter on March 30, 1993; petitioners' motion for reconsideration was denied by NLRC in a resolution dated April 29, 1993.
Petitioners filed a petition for certiorari with the Supreme Court seeking to annul NLRC’...(Pro-only)
Issues:
- Did the NLRC commit grave abuse of discretion in upholding petitioners’ dismissals for loss of trust and confidence?
- Was there substantial evidence to support Top Center’s conclusion that petitioners participated in pilferage justifying dismissal for loss of trust and confidence?
- Did Top Center’s alleged failure to furnish petitioners a copy of its supplemental position paper and annexes d...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)