GR 107940; (June, 1994) (Digest)
G.R. No. 107940 June 17, 1994
GAUDENCIO MAPALO, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and METRO DRUG CORPORATION, respondents.
FACTS
Petitioner Gaudencio Mapalo was employed as a veterinary cosmetics salesman-collector by private respondent Metro Drug Corporation starting June 30, 1981. He was a top performer, receiving several awards. On June 30, 1983, he was abruptly transferred from the Isabela branch to the La Union branch effective the next day, hindering a proper turnover of invoices and accountabilities. On December 31, 1983, Metro Drug charged him P4,928.37 for unsurrendered invoices. On February 2, 1984, Metro Drug suspended him indefinitely for alleged dishonesty involving uncollected invoices totaling P7,636.90 and forgery of a client’s signature. His suspension was lifted on February 21, 1984, but on March 1, 1984, Metro Drug terminated his services, applying his P10,000 bond against a claimed liability of P10,387.78. Mapalo filed a complaint for illegal dismissal on March 16, 1984. The Labor Arbiter ruled in his favor on February 27, 1987, ordering reinstatement with full backwages and attorney’s fees. The NLRC, on June 17, 1992, modified the decision, declaring the dismissal valid but awarding P3,000 as indemnity for lack of due process. Mapalo’s motion for reconsideration was denied, prompting this petition.
ISSUE
Whether petitioner Gaudencio Mapalo was illegally dismissed by private respondent Metro Drug Corporation.
RULING
Yes, the Supreme Court ruled that Mapalo was illegally dismissed. The two requisites for a valid dismissal were not met. First, the cause for dismissal (loss of trust and confidence due to alleged dishonesty) was not substantiated. The delays in settling accounts were due to his abrupt transfer, and certifications from the La Union branch manager and internal auditor cleared him of liability. Metro Drug failed to prove a solid legal basis for loss of confidence. Second, Metro Drug failed to observe due process by not furnishing Mapalo the required two written notices and a real opportunity to be heard before his suspension and termination. Consequently, the Court SET ASIDE the NLRC and Labor Arbiter decisions and ORDERED Metro Drug to pay Mapalo: (1) separation pay equivalent to one-half month’s pay for every year of service from June 30, 1981 to March 15, 1987 (in lieu of reinstatement due to strained relations), and (2) three years of backwages without deduction or qualification.