G.R. No. 98242 May 12, 1993
RADIO COMMUNICATIONS OF THE PHILIPPINES, INC. (RCPI), petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION AND ELEANOR BARREDO, respondents.

FACTS

Petitioner Radio Communications of the Philippines, Inc. (RCPI) is a telecommunications firm. Private respondent Eleanor D. Barredo had been employed as an Accounting Clerk at RCPI’s Roxas City branch since July 19, 1979, and received a permanent appointment in June 1983. On July 27, 1987, Barredo applied for sick leave, supported by a medical certificate. Her physician advised a rest period of four to five months, leading her to request an extension on October 26, 1987. On December 12, 1987, she received a letter from RCPI’s Net Control Manager, Reynaldo Alovera, instructing her to report for duty. She replied that she could not yet report as her physician found her unfit to work. RCPI reiterated its order, and upon her continued failure to comply, terminated her employment on February 11, 1988. RCPI claimed the dismissal was for a valid cause, alleging the two medical certificates submitted appeared to be written by different persons and that its company physician opined the length of absence for allergic dermatitis was medically incompatible. RCPI asserted it gave Barredo three chances to report and submit to a medical examination, and her refusal constituted serious misconduct or willful disobedience. The Labor Arbiter found the dismissal illegal, a decision affirmed with modification by the National Labor Relations Commission (NLRC). RCPI’s motion for reconsideration was denied.

ISSUE

Whether the National Labor Relations Commission acted with grave abuse of discretion in affirming the finding that Eleanor Barredo was illegally dismissed and in ordering her reinstatement with backwages, or separation pay in lieu thereof.

RULING

The petition is without merit. The Supreme Court dismissed the petition and affirmed the NLRC decision. The resolution of the case hinged on whether RCPI complied with the procedural due process requirements before dismissing Barredo. The Omnibus Rules Implementing the Labor Code mandate that no worker shall be dismissed except for a just or authorized cause and after due process, which includes furnishing the worker with a written notice stating the grounds for dismissal, affording the worker ample opportunity to be heard and to defend himself, and notifying the worker in writing of the decision to dismiss. The Court held that RCPI did not comply with these guidelines. Barredo was never apprised nor given a chance to explain the charges against her. The three notices sent to her to report for work and submit to a physical examination did not constitute an opportunity to be heard. Furthermore, the notice of dismissal did not indicate illness under Article 284 of the Labor Code as a ground, rendering RCPI’s attempt to justify dismissal on that ground on appeal as pointless and irrelevant. While recognizing the employer’s prerogative to instill discipline, the Court emphasized that due process must be observed in effecting dismissal as it affects the employee’s livelihood. No grave abuse of discretion was attributable to the NLRC for holding the termination illegal and ordering reinstatement or separation pay plus backwages.