Case Summary (G.R. No. 108891)
Case Background and Employment Status
Robert A. Nacario was employed by JRS Business Corporation starting April 7, 1980, and eventually promoted to Station Manager. In September 1988, an internal audit conducted by Fernando T. dela Cerna uncovered a cash shortage totaling ₱145,564.33, leading to a series of events concerning Nacario’s employment standing. Following the audit, Treasurer Milady J. Munoz issued a notice requiring Nacario to explain the cash discrepancies.
Investigation and Suspension
On September 27, 1988, Nacario was informed of a temporary appointment for acting leadership by Dela Cerna and directed to report to him pending the investigation. On October 12, 1988, Nacario was put on leave without pay, beginning October 15, 1988, as part of the investigative process. In response, Nacario submitted a letter on October 13, stating his defense against allegations contained in affidavits presented by other employees.
Legal Action and Labor Arbiter's Ruling
On February 6, 1989, viewing his indefinite leave as a constructive dismissal, Nacario filed a complaint with the Regional Arbitration Branch for illegal dismissal, reinstatement, back wages, and other claims. The Labor Arbiter ruled on September 20, 1989, dismissing the complaint for lack of merit. Nacario appealed this decision to the National Labor Relations Commission (NLRC).
NLRC Ruling
The NLRC reversed the Labor Arbiter’s decision on October 12, 1992, finding that Nacario was illegally dismissed but instead issued a monetary compensation of separation pay rather than reinstatement. This decision considered the impracticality of reinstatement in maintaining industrial peace, particularly as Nacario was a managerial employee.
Evaluation of Evidence
The divergence between the Labor Arbiter and the NLRC largely stemmed from the characterization of the evidence against Nacario. The affidavits provided by third-party employees were deemed not credible as they were not verified under oath, thus lacking probative value. Furthermore, one of the main affiants, Elizabeth Paulino, later absolved Nacario of any responsibility concerning the cash shortage.
Preventive Suspension Violations
The case also involved assessing the legalit
...continue readingCase Syllabus (G.R. No. 108891)
Case Overview
- The case involves a petition for certiorari filed by JRS Business Corporation to challenge the Resolution of the National Labor Relations Commission (NLRC) which reversed the earlier decision of Labor Arbiter Conchita J. Martinez regarding the employment status of Robert A. Nacario.
- The petition was rooted in the legality of the dismissal and the procedural handling of the case concerning allegations of cash shortages at the petitioner’s Davao branch office.
Background Facts
- Robert A. Nacario was employed by JRS Business Corporation on April 7, 1980, and later promoted to Station Manager of the Davao branch.
- An audit conducted by Fernando T. dela Cerna in September 1988 revealed a cash shortage of P145,564.33 due to undeposited sales and unexplained cash shortages.
- Following the audit, Nacario was asked to explain the cash shortage and subsequently relieved of his duties pending investigation.
- Statements implicating Nacario were signed by employees, including the office cashier and her spouse.
- Nacario responded to the allegations, denying involvement in the cash shortage and claiming