Case Summary (G.R. No. 63227)

Termination of Employment and Employer's Control

• The Ministry's orders penalized the employer for circumstances beyond its control.
• The employer assigned another driver due to a ban imposed by San Miguel Corporation against Mr. Apolinario, preventing him from entering the Coca-Cola Plant premises.
• The employer could not allow Mr. Apolinario to drive the cargo truck as it would not have been permitted to enter the plant.

Employee's Entitlement to Separation Pay

• The records indicate that the petitioner ceased operations on January 3, 1980.
• Mr. Apolinario, not having been formally dismissed, is entitled to separation pay and other benefits received by other employees due to the cessation of business operations.
• The computation of benefits is to be based on the date Mr. Apolinario stopped working, which was April 25, 1978.

Background of the Case

• The case involves a petition for review of the Ministry of Labor's orders regarding Mr. Apolinario's complaint of illegal dismissal.
• Mr. Apolinario had been employed as a driver for over three years and claimed he was dismissed without sufficient cause on April 25, 1978.
• The complaint was initially dismissed due to Mr. Apolinario's failure to appear at a scheduled hearing but was later reinstated upon his motion for reconsideration.

Arguments Presented by Mr. Apolinario

• Mr. Apolinario argued that the employer did not file for clearance to terminate his services and did not conduct an investigation into the alleged theft.
• He contended that the theft accusation was unfounded and that he had no intent to steal, as evidenced by the circumstances surrounding the incident.
• He maintained that the employer's reliance on the Coca-Cola plant accountant's letter was unjustified given his years of service.

Petitioner's Defense Against Illegal Dismissal

• The petitioner denied the illegal dismissal charge, asserting that the refusal to allow Mr. Apolinario to drive was due to the ban imposed by San Miguel Corporation.
• The petitioner claimed that Mr. Apolinario was found guilty of theft by Coca-Cola management, leading to the prohibition against him entering the plant.
• The Regional Director initially dismissed the complaint, stating that Mr. Apolinario voluntarily left his employment.

Rulings by the Deputy Minister of Labor

• The Deputy Minister set aside the Regional Director's order, declaring the petitioner guilty of illegal dismissal and ordering Mr. Apolinario's reinstatement with back wages and benefits.
• The Deputy Minister later modified the order to grant separation pay due to the petitioner's cessation of business operations.

Justification for the Petitioner's Actions

• The Deputy Minister's ruling highlighted the lack of a proper investigation into the theft charge and the absence of a clearance for dismissal.
• The petitioner was deemed to have acted precipitously based on the accountant's report without conducting a thorough investigation.
• The Deputy Minister acknowledged the impracticality of conducting an investigation given the existing ban against Mr. Apolinario.

Implications of the Case

• The case illustrates the importance of due process in employment termination, particular...continue reading

Case Syllabus (G.R. No. 63227)

Case Overview

• Court: Supreme Court of the Philippines
• G.R. No.: L-63227
• Date of Decision: March 15, 1984
• Petitioner: A. Marquez, Inc.
• Respondents: Deputy Minister Vicente Leogardo, Jr. and Cecilio Apolinario
• Nature of the Case: Petition for review of orders related to illegal dismissal.

Background of the Case

• Employment Details:

  • Cecilio Apolinario was employed as a driver for A. Marquez, Inc. for over three years, earning a daily wage of P12.00.
  • He was allegedly dismissed on April 25, 1978, without sufficient cause.

• Circumstances Leading to Dismissal:

  • Apolinario claimed he was not allowed to drive the cargo truck he regularly operated, which was subsequently assigned to another driver.
  • He attempted to speak with management but was denied due to allegations concerning a theft incident involving empty Coke shells.

Procedural History

• Initial Complaint:

  • Filed by Apolinario against A. Marquez, Inc. before the Office of the Regional Director, Ministry of Labor, Region IX, Zamboanga City.

• Dismissal and Reinstatement:

  • Initially dismissed due to Apolinario's absence at a scheduled hearing.
  • Upon motion for reconsideration, the dismissal was set aside, and the complaint was reinstated.

• Hearing on the Merits:

  • Apolinario argued:
    • Lack of application for clearance to terminate his services.
    • Absence of any investigation into th...continue reading