GR 146267; (February, 2003) (Digest)
G.R. No. 146267 ; February 17, 2003
NYK INTERNATIONAL KNITWEAR CORPORATION PHILIPPINES and/or CATHY NG, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and VIRGINIA M. PUBLICO, respondents.
FACTS
Petitioner NYK International Knitwear Corporation hired respondent Virginia Publico as a sewer on a piece-rate basis. On May 7, 1997, Publico, feeling ill, requested to leave work early. Permission was refused, but she left nonetheless. The following day, she informed management she was still unwell. When she reported for work on May 9, she was barred entry by a security guard on management’s order. Upon finally meeting the owner on May 10, she was informed she was dismissed for refusing to render overtime service. Publico filed a complaint for illegal dismissal.
The Labor Arbiter ruled the dismissal illegal, ordering reinstatement with full backwages. The NLRC affirmed this decision. Petitioners then filed a petition for certiorari with the Court of Appeals, ascribing grave abuse of discretion to the NLRC.
ISSUE
1. Did the Court of Appeals err in dismissing the certiorari petition for non-compliance with procedural rules?
2. Was Publico illegally dismissed?
RULING
1. On the procedural issue: The Supreme Court affirmed the Court of Appeals’ dismissal. Petitioners failed to attach a certified true copy of the assailed NLRC resolution as required by Section 1, Rule 65. They attached only a certified photocopy, which is insufficient. The rule is mandatory. While procedural rules may be relaxed for compelling reasons, petitioners’ explanation—that the NLRC itself provided the photocopy because the original was on onionskin—was unsatisfactory. They did not demonstrate that a certified true copy was impossible to obtain. The Court of Appeals did not commit reversible error in insisting on strict compliance.
2. On the substantive issue: The Supreme Court upheld the finding of illegal dismissal. The employer bears the burden of proving a valid dismissal. Petitioners failed to discharge this burden. Their claim that Publico was dismissed for refusing overtime work was not substantiated by clear and convincing evidence. Mere allegations are insufficient. Furthermore, even if true, refusal to render overtime is not among the just causes for dismissal under Article 282 of the Labor Code. The Labor Arbiter and NLRC’s factual findings, supported by evidence, are accorded respect and finality. The award of reinstatement with backwages stands.
Finally, petitioner Cathy Ng, as manager, is deemed an employer under the Labor Code and is held jointly and severally liable with the corporation for the monetary awards. The petition was denied.