GR L 2936; (December, 1949) (Digest)
G.R. No. L-2936 December 23, 1949
TIDE WATER ASSOCIATED OIL COMPANY, petitioner, vs. VICTORY EMPLOYEES AND LABORERS’ ASSOCIATION and ARSENIO C. ROLDAN, MODESTO CASTILLO, JOSE S. BAUTISTA, and JUAN L. LANTING, Judges of Court of Industrial Relations, respondents.
FACTS
Guillermo Bautista, a checker with 18 years of service at Tide Water Associated Oil Company, was dismissed on July 15, 1948, for violating the company’s “first come, first served” delivery rule by switching the delivery order of gasoline between two customers. The Victory Employees and Laborers’ Association filed a petition for his reinstatement in the pending dispute before the Court of Industrial Relations (CIR). The CIR ordered Bautista’s reinstatement without back pay, finding the dismissal too harsh. The company appealed, arguing the dismissal was justified under Article 300 of the Code of Commerce for breach of trust and that the CIR’s order constituted grave abuse of discretion.
ISSUE
Whether the Court of Industrial Relations gravely abused its discretion in ordering the reinstatement of Guillermo Bautista, thereby reducing the penalty imposed by the employer.
RULING
No, the CIR did not gravely abuse its discretion. The Supreme Court affirmed the CIR’s order. The power of the CIR to correct excessive penalties in labor cases is well-recognized. The facts showed Bautista’s violation was not a serious breach of trust, as the rule had been relaxed before with management knowledge, and his immediate superior had tacitly acquiesced to the act. Considering Bautista’s long service, clean record, and the sufficient punishment from his period of separation, the CIR’s reduction of the penalty to reinstatement without back pay was justified and not arbitrary.
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