GR 117418; (January, 1996) (Digest)
G.R. No. 117418 ; January 24, 1996
Stellar Industrial Services, Inc., petitioner, vs. National Labor Relations Commission and Roberto H. Pepito, respondents.
FACTS
Petitioner Stellar Industrial Services, Inc., an independent contractor, employed private respondent Roberto H. Pepito as a janitor in 1975, assigning him to the Philippine Airlines Maintenance Base Complex. After over fifteen years of service, Stellar terminated Pepito’s employment on January 22, 1991, citing “Absent Without Official Leave (AWOL)/Virtual Abandonment of Work” for his absences from November 2 to December 10, 1990. Pepito contested his dismissal, claiming his absence was due to severe stomach pain, supported by a medical certificate, and that he had informed his supervisor via telephone. He filed a complaint for illegal dismissal.
The Labor Arbiter ruled in Pepito’s favor, declaring the dismissal illegal, ordering reinstatement with full backwages, and directing a refund of illegal salary deductions. The NLRC affirmed this decision. Stellar filed a motion for reconsideration, which was denied, prompting this certiorari petition alleging grave abuse of discretion by the NLRC.
ISSUE
Whether the National Labor Relations Commission committed grave abuse of discretion in affirming the Labor Arbiter’s decision that Roberto H. Pepito was illegally dismissed.
RULING
The Supreme Court dismissed the petition, finding no grave abuse of discretion by the NLRC. The Court clarified that while the NLRC erroneously discussed the issue of “abandonment”—a ground not raised by Stellar, which solely cited AWOL for failure to file an official leave—this misstep did not constitute reversible error. The core issue was the validity of Pepito’s dismissal based on his unexplained absences.
The Court upheld the finding that Pepito’s absences were justified due to illness. Evidence showed he had informed his employer of his condition, and his medical certificate, though not detailing the illness, was substantiated by his consistent follow-up via letters and a subsequent medical consultation. Stellar’s failure to verify his claim or grant him procedural due process before termination rendered the dismissal illegal. The Court also affirmed the illegality of salary deductions for a “Death Aid Program,” as they were based on a board resolution, not the required written authorization from the majority of union members or the individual employee, violating Article 241(n) of the Labor Code. Thus, the NLRC’s decision was sustained.