Case Digest (G.R. No. 186019)
Facts:
White Diamond Trading Corporation and/or Jerry Uy and Jessie Uy, G.R. No. 186019, March 29, 2010, the Supreme Court Second Division, Brion, J., writing for the Court. Petitioners filed a petition for review on certiorari under Rule 45 seeking to annul the Court of Appeals Decision (Oct. 24, 2008) and Resolution (Jan. 14, 2009) in CA-G.R. SP No. 94137.The company, engaged in buying and selling second-hand motor vehicles, employed Maria Myrna Omela (assistant secretary, hired 1999), Mary Grace Pastoril (secretary, hired 2000), and Norlito Escoto (salesman, hired 2001). On February 28, 2004 Escoto closed the sale of a Toyota Town Ace to buyer Teodoro Aquino. Aquino handed P200,000.00 in cash to Omela, who issued him an original receipt reflecting P200,000.00 while the duplicate kept by the company showed P190,000.00; the deed of sale given to Aquino likewise reflected P190,000.00. After inquiries and a subsequent refund of P10,000.00 to Aquino, the company conducted an investigation and terminated Escoto, Omela and Pastoril on March 8, 2004.
Escoto, Omela and Pastoril filed a complaint for illegal dismissal before the Labor Arbiter. The Labor Arbiter (Decision dated Sept. 30, 2004) dismissed the complaint for lack of merit, finding that the three employees concertedly defrauded the company by making it appear the sale price was P190,000.00 when Aquino had paid P200,000.00; money claims were denied for lack of evidence except for service incentive leave.
On appeal, the National Labor Relations Commission (NLRC) modified aspects of the Labor Arbiter’s ruling (Decision Oct. 28, 2005): it upheld the valid dismissal of Escoto and Omela for effecting the discrepancies, but found Pastoril’s dismissal without just cause because the NLRC concluded the record lacked substantial proof of her conspiracy; the NLRC nevertheless found procedural lapses in the investigation (questions not reduced to writing) and awarded Escoto and Omela nominal damages of P10,000.00 each and awarded Pastoril backwages and separation pay in lieu of reinstatement because of strained relations. The NLRC denied a motion for reconsideration on February 15, 2006.
Petitioners elevated the case to the Court of Appeals via a Petition for Certiorari under Rule 65. The Court of Appeals (Decision penned by Associate Justice Fernanda Lampas Peralta, Oct. 24, 2008) dismiss...(Pro-only)
Issues:
- May the Supreme Court exercise discretionary review over the Court of Appeals’ factual findings in this labor dismissal case?
- Was Mary Grace Pastoril validly dismissed for fraud/serious misconduct in connection with the sale of the Toyota Town Ace, or was her dismissal illegal entitling her to back...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)