GR 126703; (December, 1998) (Digest)
G.R. No. 126703 December 29, 1998
GANDARA MILL SUPPLY and MILAGROS SY, petitioners, vs. THE NATIONAL LABOR RELATIONS COMMISSION AND SILVESTRE GERMANO, respondents.
FACTS
Private respondent Silvestre Germano, an employee of petitioner Milagros Sy’s Gandara Mill Supply, was absent from work from February 6 to 11, 1995, to attend to his wife who was about to give birth, without prior notice to his employer. Upon his return two weeks later, he was informed by Sy that his position had been filled, though he was advised he could be re-admitted in June 1996. Germano subsequently filed an illegal dismissal case. The Labor Arbiter repeatedly extended deadlines for petitioners to submit their position paper, but they failed to comply despite a final seven-day extension warning that failure would constitute a waiver of their right to be heard. The Labor Arbiter then rendered a decision in favor of Germano, awarding monetary benefits.
Petitioners appealed to the NLRC but failed to post the required appeal bond, seeking exemption or an extension to file it. The NLRC dismissed the appeal for non-perfection. Petitioners then filed this special civil action for certiorari under Rule 65, assailing the NLRC Resolutions.
ISSUE
Whether the NLRC committed grave abuse of discretion in dismissing petitioners’ appeal and in affirming the Labor Arbiter’s award.
RULING
The Supreme Court dismissed the petition. On procedural grounds, the petition was filed out of time, violating the constitutional right to a speedy disposition of cases. On substantive merits, the NLRC did not commit grave abuse of discretion. Petitioners were afforded ample opportunity to present their defense before the Labor Arbiter, who granted multiple extensions for filing their position paper. Their failure to comply constituted a waiver of their right to be heard, and the Labor Arbiter correctly decided the case based on the evidence on record. Factual findings of labor officials, when supported by evidence, are accorded respect and finality. The award of separation pay, backwages, and attorney’s fees was proper given the finding of illegal dismissal and was not excessive. The Court found no arbitrariness in the NLRC’s dismissal of the appeal for failure to post the mandatory appeal bond, a jurisdictional requirement. The petition was devoid of merit and interposed for delay.