Title
Supreme Court
Mansion Printing Center vs. Bitara, Jr.
Case
G.R. No. 168120
Decision Date
Jan 25, 2012
Employee dismissed for habitual tardiness and unauthorized absences; Court upheld dismissal but awarded unpaid service incentive leave pay.

Case Summary (G.R. No. 168120)

Background of the Dispute

Respondent Bitara was employed in August 1998 as a helper and later became the company's sole driver, responsible for deliveries and pickups critical to the business operations. However, his employment came into question due to repeated incidents of tardiness and absenteeism, prompting the petitioners to issue memoranda requesting explanations for his conduct.

Series of Warnings and Respondent's Conduct

Starting from June 1999, the petitioners documented issues with Bitara's attendance, leading to a Memorandum on June 23, 1999, seeking an explanation for habitual tardiness. On November 29, 1999, Bitara acknowledged his tardiness in writing, promising to improve. Despite this assurance, he continued to breach attendance policies, accumulating 19 instances of tardiness and 19 absences within a single quarter in 2000, with some absences being notably unauthorized.

Termination Process

On March 17, 2000, petitioners presented a Notice to Explain, citing serious concerns regarding Bitara’s attendance. Upon receiving the notice yet failing to respond or report for work, Bitara was formally informed of his termination via a notice delivered on March 21, 2000. He was offered one month’s salary in separation pay but refused, demanding a larger sum instead.

Legal Proceedings Initiated by the Respondent

Respondent Bitara filed a complaint for illegal dismissal with the Labor Arbiter on April 27, 2000, claiming reinstatement and various monetary benefits. The Labor Arbiter, however, ruled in favor of the petitioners, affirming the termination as valid based on documented instances of attendance violations and lack of substantial justification from Bitara.

Appeal and Rulings of Labor Organizations

The National Labor Relations Commission (NLRC) upheld the Labor Arbiter's decision, finding that the petitioners did not exercise abuse of discretion in their termination process. In subsequent appeal to the Court of Appeals, Bitara contested this decision alleging grave abuse of discretion on the part of the NLRC, leading to significant reversals of previous rulings.

Court of Appeals Decision

The Court of Appeals reversed the NLRC's decision, ruling in favor of Bitara, determining that he was illegally dismissed and entitled to reinstatement or separation pay, backwages, and service incentive leave pay. The appellate court found that petitioner failed to provide sufficient support for their claims regarding Bitara’s infractions.

Supreme Court Analysis and Ruling

The Supreme Court granted the petition by the petitioners, emphasizing that errors of judgment are not grounds for certiorari unless they demonstrate lack of jurisdiction. The court established that the element of substantial evidence supported the conclusion of habitual tardiness by Bitara, thus legitimizing the termination.

Substantive and Procedural D

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