Case Digest (G.R. No. 144939)
Facts:
Voyeur Visage Studio, Inc. v. Court of Appeals and Anna Melissa Del Mundo, G.R. No. 144939, March 18, 2005, Supreme Court Third Division, Garcia, J., writing for the Court.On 15 November 1991, petitioner Voyeur Visage Studio, Inc. hired Anna Melissa Del Mundo (Melissa) as a Production and Planning Coordinator/Receptionist on a six-month probationary basis at its Greenhills studio. On 28 February 1992 Kodak Philippines delivered photographic paper to the Greenhills studio; Melissa received the delivery, which was later transferred to the laboratory in Loyola Heights. Petitioner later discovered a shortage of two boxes of paper worth P6,000.00 and, unable to obtain a satisfactory explanation from Melissa, held her responsible and began deducting P250.00 weekly from her wages until the alleged loss was paid; the payroll entries described the deductions as a "salary loan," although Melissa had no such loan and she acquiesced in the deductions.
On 11 August 1992 petitioner served Melissa a memorandum terminating her effective 30 August 1992 on the ground that she had not passed probation. Melissa protested through counsel the next day and on 10 September 1992 filed a complaint before the Arbitration Branch of the NLRC (NCR) for illegal dismissal, unfair labor practice, nonpayment of 13th month pay, separation pay, violations of SSS/Medicare/PAG-IBIG/Tax laws, and later amended the complaint to include illegal deductions and a claim for reinstatement with full backwages.
The Labor Arbiter issued a decision on 17 August 1998 finding Melissa to be a regular employee, declaring her dismissal illegal, and ordering reinstatement with backwages (other money claims were dismissed). Petitioner appealed to the National Labor Relations Commission, which in a 21 October 1999 resolution (Third Division) partially granted the appeal: it recognized Melissa as a regular employee but held she was lawfully discharged and denied reinstatement without loss of seniority and full backwages; the NLRC denied Melissa's motion for reconsideration on 28 December 1999.
Melissa then filed a petition for certiorari with the Court of Appeals (docketed CA-G.R. SP No. 57527). In a Decision dated 26 July 2000, the Court of Appeals reversed the NLRC resolutions, reinstated the Labor Arbiter's 17 August 1998 decision, and held the dismissal illegal for lack of just cause and for failure to observe procedural due process; the CA denied petitioner’s motion for reconsideration on 8 September 2000. Petitioner sought review in this Court by ...(Pro-only)
Issues:
- Did the Court of Appeals gravely err in holding that Anna Melissa Del Mundo was a regular employee?
- Did the Court of Appeals err in holding that Melissa’s dismissal was illegal for lack of valid cause and for non-observance of due process?
- Did the Court of Appeals err in ordering Melissa’s reinstatement with full b...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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