G.R. No. 121975 August 20, 1998
MANILA BROADCASTING COMPANY, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, HON. RICARDO OLAIREZ and SAMUEL L. BANGLOY, respondents.

FACTS

Private respondent Samuel L. Bangloy was a production supervisor and radio commentator at petitioner Manila Broadcasting Company’s DZJC-AM radio station in Laoag City. On February 28, 1992, he applied for a 50-day leave of absence from March 24 to May 13, 1992, to run for a provincial board seat under the Kilusang Bagong Lipunan (KBL), citing Section 11(b) of R.A. No. 6646, which requires media personalities who are candidates to take a leave during the campaign period. His application was returned a week later with a copy of a company memorandum stating that as a matter of unwritten company policy, any employee filing a certificate of candidacy is considered resigned. Bangloy ran, lost, and attempted to return to work on May 25, 1992, but was barred on the ground that his employment had been terminated. Petitioner later cited additional grounds for termination, including that his leave exceeded the allowed 30 days, that R.A. No. 6646 did not apply to his role as production supervisor, that his return was delayed by 14 days post-election, and that his program was cancelled and position abolished. Bangloy filed a complaint for illegal dismissal. The Labor Arbiter ruled in his favor, ordering reinstatement with full backwages and damages. The NLRC affirmed but deleted the damages. Petitioner filed this petition for certiorari.

ISSUE

Whether the National Labor Relations Commission gravely abused its discretion in affirming the finding that private respondent Samuel L. Bangloy was illegally dismissed.

RULING

The Supreme Court AFFIRMED the NLRC decision with MODIFICATION regarding the computation of backwages. The Court held that while the company policy requiring resignation for employees running for public office was reasonable and valid, it was not effectively communicated to Bangloy. The policy was unwritten, and substantial evidence indicated Bangloy acted in good faith, relying on assurances from his immediate superior that he could take a leave without resigning. His application was not expressly disapproved. Regarding his 11-day unauthorized absence beyond his applied leave (from May 14 to May 24, 1992), dismissal was too severe a penalty considering his six years of service and it being his first offense. The appropriate penalty was a one-month suspension. Consequently, the award of backwages was to be computed from June 24, 1992 (after the suspension period) until actual reinstatement.