Title
Philippine Long Distance Telephone Co. vs. Bolso
Case
G.R. No. 159701
Decision Date
Aug 17, 2007
PLDT employee Romeo Bolso dismissed for serious misconduct after allegedly accepting payment for illegal telephone line installation. Supreme Court upheld dismissal, citing substantial evidence and due process.

Case Summary (G.R. No. L-1721)

Factual Background

Romeo F. Bolso was employed as an Installer/Repairman II by PLDT since February 1982 until his dismissal on July 20, 1997. The controversy began when Ismael Salazar, a subscriber, alleged that he had paid Bolso, whom he identified as "Boy Negro," for the illegal installation of an extension line. This claim led to an internal investigation where Salazar positively identified Bolso as the installer. However, Salazar later executed a recantation letter, claiming he did not know Bolso personally and was incorrectly influenced during the identification.

Findings of the Labor Arbiter

The Labor Arbiter initially dismissed Bolso's complaint for illegal dismissal, stating that the evidence presented by Bolso was speculative and lacked merit, primarily relying on Salazar's retraction. Despite acknowledging the absence of direct evidence of Bolso’s personal wrongdoing, the decision underscored the serious misconduct associated with the infraction.

NLRC Ruling

In an appeal, the NLRC ruled in favor of Bolso, stating that PLDT failed to sufficiently prove Bolso's culpability. The NLRC noted that Salazar’s recantation significantly impacted the determination of Bolso’s innocence. Furthermore, the NLRC recognized that Bolso's dismissal violated his right to due process, as his defense was inadequately considered in the investigative process.

Court of Appeals Decision

The Court of Appeals sustained the NLRC ruling, highlighting that Salazar’s recantation created reasonable doubt regarding Bolso's culpability. The court also emphasized the lack of evidence against Bolso, concluding that dismissal was an excessive penalty, especially given Bolso's years of service and the first-time nature of the alleged infraction. It was determined that Bolso had not been afforded a fair opportunity to present a defense during the investigation.

Supreme Court Ruling

The Supreme Court ultimately sided with the Court of Appeals, reaffirming the NLRC’s decision. It articulated the standards for just cause in termination under the Labor Code, stating that serious misconduct must be substantiated by substantial evidence. The court scrutinized the dynamics surrounding Salazar’s recantation, asserting that his initial claims regarding Bolso’s involvement in the installation of an illegal line remained unrefuted, as he did not retract his assertion of having paid Bolso.

Just Cause and Due Process

The Court acknowledged that despite the recognition of Bolso’s extended service and the implications of Salazar's potential inaccuracies, these factors could not negate the misconduc

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