Title
Arc-Men Food Industries, Inc. vs. National Labor Relations Commission
Case
G.R. No. 113721
Decision Date
May 7, 1997
Driver Fabian Alcomendras claimed illegal dismissal by AMFIC, alleging unpaid wages. AMFIC argued temporary layoff due to operational shutdown. SC ruled no illegal dismissal, upheld temporary layoff, awarded ECOLA and leave pay.

Case Summary (G.R. No. 113721)

Case Background

The case arose from a complaint filed by Alcomendras against AMFIC for illegal dismissal, claiming he was unlawfully terminated on January 23, 1990, after being a regular employee as a company driver for over four years. Alcomendras asserted that he had been denied various benefits and was dismissed arbitrarily in violation of Article 283 of the Labor Code and was seeking redress for this perceived illegal dismissal.

Petitioner's Claims

AMFIC disputed the allegations, contending that Alcomendras had abandoned his post rather than being dismissed. The company claimed it had no construction operations, thereby refuting Alcomendras' claims regarding his job duties. AMFIC stated that due to operational difficulties and plant shutdowns, the majority of its workforce was seasonal, leading to temporary layoffs. It argued that between December 2, 1989, and February 25, 1990, the plant experienced significant non-operation days, resulting in Alcomendras being advised not to report for work.

Labor Arbiter's Findings

The Labor Arbiter, Nicolas S. Sayon, ruled in favor of Alcomendras, underscoring his immediate filing of the complaint after the alleged dismissal as an indication against the claim of abandonment. The Arbiter found that the documentation indicating Alcomendras' cash advance and notice to report back to work were dubious and unpersuasive, leading to a conclusion that AMFIC had illegally dismissed him.

NLRC's Ruling

Upon appeal, the National Labor Relations Commission (NLRC) upheld the Labor Arbiter's decision, affirming that AMFIC failed to prove that the termination was lawful or justified, considering the immediate filing of the complaint contradicted the abandonment defense claimed by AMFIC. The NLRC also concluded that evidence presented by AMFIC did not substantiate their version of the events.

Petition for Certiorari

AMFIC subsequently filed a petition for certiorari to challenge the rulings of the NLRC, alleging several grounds including grave abuse of discretion by both the NLRC and the Labor Arbiter, misapprehension of facts, reliance on inconclusive evidence, and a flawed conclusion regarding the abandonment claim.

Court's Analysis

The court noted that both the Labor Arbiter and the NLRC overly relied on the premise that the filing of a complaint inherently contradicts the abandonment of post defense. While the burden of proof lies with the employer, the court held that substantial evidence suggesting that Alcomendras was temporarily laid off rather than dismissed should have been adequately considered.

Findings on Evidence

The court reviewed key documents, including AMFIC's Summary of Plant Operations indicating shutdown periods, the cash advance slip, and Alcomendras' responses to various correspondence, all seemingly supporting AMFIC's narrative of temporary layoff due to business conditions rather than illegal dismissal. The cash advance requ

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