Title
Apalisok vs. RPN Radio Station DYKC
Case
G.R. No. 138094
Decision Date
May 29, 2003
Marilou Apalisok, RPN Production Chief, was terminated in 1995. She waived grievance rights, filed for illegal dismissal, and both parties agreed to voluntary arbitration. The Supreme Court upheld the arbitrator's jurisdiction, reinstating her award.
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Case Summary (G.R. No. 138094)

Termination of Employment and Initial Proceedings

  • Marilou Guanzon Apalisok, the petitioner, was employed as the Production Chief at Radio Philippines Network (RPN) Station DYKC.
  • On May 15, 1995, she received a memorandum from her superior, George Suazo, requesting an explanation for her alleged hostile behavior.
  • Following her response, she was informed on May 31, 1995, that her employment would be terminated effective June 15, 1995.
  • Petitioner chose to waive her right to the grievance machinery outlined in the Collective Bargaining Agreement (CBA) and instead filed a complaint for illegal dismissal with the National Labor Relations Commission (NLRC).

Submission Agreement and Voluntary Arbitration

  • The NLRC referred the case to the National Conciliation and Mediation Board, where both parties signed a Submission Agreement on June 20, 1995.
  • This agreement stipulated that the dispute regarding the validity of the petitioner’s dismissal would be submitted to a voluntary arbitrator.
  • In her position paper, the petitioner sought a declaration of invalid dismissal, separation pay, back wages, and damages.

Award by the Voluntary Arbitrator

  • On October 18, 1995, the voluntary arbitrator ruled in favor of the petitioner, declaring her dismissal invalid.
  • The arbitrator awarded her a total of P411,126.76, which included separation pay, back wages, moral and exemplary damages, service incentive leaves, and attorney's fees.
  • Respondents filed a motion for reconsideration, which was denied, prompting them to seek certiorari from the Supreme Court.

Court of Appeals Decision

  • The Supreme Court referred the case to the Court of Appeals, which subsequently nullified the voluntary arbitration award.
  • The Court of Appeals reasoned that the petitioner’s choice to bypass the grievance machinery effectively relinquished her right to voluntary arbitration, thus lacking jurisdiction over the case.

Supreme Court Ruling on Jurisdiction

  • The Supreme Court found that the voluntary arbitrator had jurisdiction over the dispute, as both parties had agreed to submit the issue to arbitration.
  • Article 262 of the Labor Code was cited, affirming that voluntary arbitrators can hear and decide labor disputes upon mutual agreement.
  • The Court concluded that the voluntary arbitration process was not imposed on t...continue reading

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