Case Summary (G.R. No. 193676)
Case Background
Fermin was accused on December 16, 2002, of stealing a cellphone owned by his colleague, Luis Braga. Following a show-cause memorandum, Fermin explained that he had concealed the phone as a prank, intending to return it. However, COSMOS conducted an investigation that led to Fermin’s dismissal on October 2, 2003, for gross misconduct. Despite a lack of material damage to COSMOS and a later affidavit from Braga stating that Fermin meant no harm, the Labor Arbiter dismissed Fermin’s complaint for illegal dismissal.
Lower Tribunal Rulings
Following the Labor Arbiter's dismissal, Fermin appealed to the National Labor Relations Commission (NLRC), which affirmed the dismissal decision as valid. Subsequently, Fermin escalated the matter to the Court of Appeals (CA). The CA reversed the lower tribunals' decisions and ordered COSMOS to pay Fermin his full retirement benefits, arguing that the misconduct did not amount to serious misconduct justifying termination.
Court of Appeals Reasoning
The CA found that while Fermin’s act of taking the phone constituted theft, the penalty of dismissal was disproportionate to the offense, particularly due to the nature of the theft being against a co-worker rather than the employer. The CA emphasized COSMOS’s failure to demonstrate that Fermin acted with malicious intent and cited Braga’s later recantation to support Fermin’s claim that his actions were merely a prank. The court also suggested that previous infractions could be considered grounds for dismissal only if they were related to the current charge against Fermin.
Supreme Court Jurisdiction and Findings
In its review, the Supreme Court maintained that factual findings from lower administrative bodies are binding if supported by substantial evidence. The primary legal question was whether the dismissal was merited based on the alleged misconduct. The Supreme Court concluded that disability theft, even if intended as a prank, fell under serious misconduct or a similarly serious violation justifying termination, as
...continue readingCase Syllabus (G.R. No. 193676)
Case Overview
- This syllabus pertains to two consolidated petitions for review, namely G.R. No. 193676 and G.R. No. 194303, which arise from the decisions of the Court of Appeals (CA) dated May 20, 2009, and the resolution dated September 8, 2010.
- The petitions challenge the decisions that ordered Cosmos Bottling Corporation (COSMOS) to pay Wilson B. Fermin his full retirement benefits after his dismissal from employment was deemed improper.
Factual Background
- Wilson B. Fermin was employed as a forklift operator at COSMOS since August 27, 1976.
- On December 16, 2002, he was accused of stealing a cellphone belonging to his colleague, Luis Braga.
- Fermin was given a Show Cause Memorandum inquiring why the cellphone was found in his locker.
- He responded with an affidavit claiming he only hid the phone as a prank, intending to return it to Braga.
- Braga later provided a handwritten narration detailing the events of the theft and indicated that he inadvertently left his phone in the locker room while Fermin was present.
- Braga reported the cellphone missing, which was subsequently found in Fermin's locker. However, he later expressed that he believed Fermin's actions were a prank and withdrew his complaint against him.
Employment Termination
- Following an internal investigation, COSMOS found Fermin guilty of theft, leading to his dismissal effective October 6, 2003, after 27 years of s