Philippine Long Distance Company v. National Labor Relations Commission, Marily Abucay (1988)
Robosa v Nlrc labor relations case digest atty. golanco san bedaFull description
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Mcleod v. NLRC digest
PIL
DIGEST
Garden of Mfemories v. Nlrc
NASIPIT LUMBER COMPANY COMPANY INC v. NLRC Facts: •
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Private respondent respondent Juanita Collado was employed by petitioner as a security guard on September 9, 1970 n t!e course o" Collado#s employment or on $ugust %0, 197&, "our '() crates o" lawanit boards containing 1,000 panels were stolen "rom petitioner#s premises Collado was implicated in t!e t!e"t and was t!erea"ter placed under preventive suspension o
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$-C. /led a petition 'application) "or clearance to dismiss Collado wit! t!e egional .ce o2 3 o" t!e 4epartment o" -abor in Cagayan de .ro City2 September 15, 197&, Collado /led an opposition to said application "or clearance to dismiss case was set "or !earing t!e "ollowing day, September 1&, but Collado, despite notice, "ailed to appear $-C. was allowed to present evidence e6parte2 application "or clearance to dismiss was approved in an order issued by egional .ce o2 3 .cerinC!arge oy 82 Seneres2 Collado /led t!is was certi/ed to 6ecutive labor arbiter otice and summons were issued2$-C. and Collado were t!en re+uired to submit t!eir respective position papers under pain o" a de"ault ;udgment -$ returned case to regional director saying t!at t!e s!ould be treated as an appeal to S.- because a reversal in t!e -$<-C would only create a disturbance to t!e !armonious relation e6isting between t!e two oces2 t!e case was elevated to t!e Secretary o" -abor2 $rmed Collado=s dismissal o
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*!e case against against !er was subse+uentl subse+uently y dismissed
proper remedy now is to go to SC under rule &5 certiorari Collado /led a complaint be"ore t!e >utuan 4istrict -abor .ce, >utuan City, "or un;ust dismiss and reinstatement wit! bac?wages and bene/ts2
$-C. /led a motion to dismiss t!e complaint >ecause o" $cting S.- order, illegal dismissal case was barred by res ;udicata !aving been certi/ed "or compulsory arbitration, arbitration, on January %9, 1979, 6ecutive -abor $rbiter lde"onso @2 $gbuya rendered a decision ordering
$-C. to reinstate Collado to !is "ormer position wit!out bac?wages and wit!out loss o" seniority rig!ts •
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o proo" o" connection to t!e"t @ranting o" clearance "or dismissal was not an ad;udication on t!e merits
Filed rule &5 certiorari in SC2 nitially dismissed by Sol@en /led motion2 SC ruled on merits
RULING: o res ;udicata but no reinstatement because o" loss o" con/dence
Does the rulin o! the "#tin SOLE in#ion #onstitute res $u%i#"t" &' NO. •
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*!e Court stated t!erein t!at t!e principle o" res ;udicata may not be invo?ed in labor relations proceedings considering t!at Section 5, ule 3, >oo? 8 o" t!e ules and egulations mplementing t!e -abor Code provides t!at suc! proceedings are Anonlitigious and summary in nature wit!out regard to legal tec!nicalities obtaining in courts o" law t!e doctrine o" res ;udicata applies only to ;udicial or +uasi;udicial proceedings and not to t!e e6ercise o" administrative powers2 re+uirement o" a clearance to terminate employment was a creation o" t!e 4epartment o" -abor to carry out t!e -abor Code provisions on security o" tenure and termination o" employment *!e "act t!at said rule allowed a procedure "or t!e approval o" t!e clearance wit! or wit!out t!e opposition o" t!e employee concerned 'Secs2 7 B ), demonstrates t!e nonlitigious and summary nature o" t!e proceeding t!e possibility t!at t!ere would be two conDicting decisions on t!e issue o" Collado#s dismissal may now be considered academic2 o
*!e re+uirement o" a written clearance "rom t!e 4epartment prior to termination was abolis!ed by t!e enactment o" >atas Pambansa >lg2 1E0 in 1912 4ismissal proceedings are now con/ned wit!in t!e establis!ments
s t!e reinstatement proper o •
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*!e relation between petitioner and Collado is now strained by t!e latter#s violation o" t!e trust and con/dence reposed on !im as a member o" t!e security "orce, a position impressed wit! a !ig! degree o" trust *!e sensitivity o" Collado#s ;ob as a security guard visavis t!e cause o" !is dismissal cost !im !is rig!t to be re!ired to t!e same position2 einstatement
is not proper w!ere termination o" employment was due to breac! o" trust and con/dence -C decision reversed
