Title
Philam Homeowners Association, Inc. vs. De Luna
Case
G.R. No. 209437
Decision Date
Mar 17, 2021
Employees De Luna and Bundoc were dismissed for fund misappropriation; SC upheld CA, citing procedural lapses, awarded nominal damages, and ordered payment for excess suspension.

Case Summary (G.R. No. 209437)

Nature of the Case

The case surrounds the legal ramifications of the dismissal of De Luna and Bundoc, which was challenged as illegal. They claimed that proper procedural requirements were not adhered to, resulting in unfair termination. The National Labor Relations Commission (NLRC) initially upheld their dismissals but modifications were made by the Court of Appeals regarding procedural due process violations.

Employment Roles and Allegations

De Luna was responsible for managing reservations and handling payments, while Bundoc oversaw the collection of dues, maintaining a petty cash fund, and ensuring daily deposits. An audit conducted in September 2008 revealed unauthorized transactions, unrecorded collections, and discrepancies in official receipts linked to both employees. Specifically, they were accused of misappropriating funds totaling substantial amounts, thereby breaching the trust required by their positions.

Procedural History

The investigation carried out by PHAI led to the dismissal of both respondents, with claims that they were given opportunities to respond to the allegations. However, De Luna and Bundoc argued that they were not adequately informed of the accusations nor were they allowed to proceed with a formal hearing. They subsequently filed complaints for illegal dismissal and other monetary claims against PHAI.

Ruling of the Labor Arbiter

In an April 30, 2010 decision, the Labor Arbiter ruled in favor of PHAI, affirming that the dismissals of De Luna and Bundoc were legal based on just causes outlined in Article 282(c) of the Labor Code, emphasizing that the nature of their work warranted a higher degree of trust and confidence. Due process, according to the Arbiter, was fulfilled even in the absence of a trial-type hearing since the respondents had opportunities to present their explanations.

NLRC and Court of Appeals Decisions

Respondents appealed the Arbiter’s decision to the NLRC, which upheld the initial ruling, confirming that due process had been observed but on appeal, the Court of Appeals modified part of the NLRC's decision. The appellate court found sufficient grounds to affirm the dismissal based on loss of trust but noted that Bundoc had not been adequately notified of her termination process, warranting a nominal damages award. Conversely, De Luna was found to be entitled to unpaid wages for a preventive suspension that exceeded the permitted duration.

Issues Raised in the Petition

PHAI and Caguiat sought review on several grounds, including claims of error by the appellate court in acknowledging procedural failings that led to the award of nominal damages to Bundoc, and an issue regarding De Luna’s excess preventive suspension salary which they contended had not been raised in prior instances.

Court’s Ruling and Justification

The Supreme Court affirmed the appellate court's ruling, holding that the CA properly identifie

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