G.R. No. 128806 . September 28, 1999
KAMS INTERNATIONAL INC., ESVEE APPAREL MFG. INC., and/or THANWARDASH JESWANI and KAMLESH JESWANI, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, FIRST DIVISION, and MERCEDITA T. TORREJOS, respondents.

FACTS

Petitioners Kams International, Inc. (KAMS) and Esvee Apparel Manufacturing, Inc. (ESVEE) are sister companies engaged in garments manufacturing, managed by petitioners Thanwardash Jeswani and Kamlesh Jeswani. Private respondent Mercedita T. Torrejos was hired by ESVEE as a utility worker on July 21, 1991. In August 1994, Torrejos purchased six yards of fabric from petitioners. When she attempted to bring it out, security guard Nena Blancaflor estimated the fabric to be eight yards using her arms, causing Torrejos to sign a logbook entry stating she “tried to bring-out two (2) yards of tela.” The parties presented conflicting versions: petitioners claimed Torrejos admitted a measurement mistake and promised to pay, while Torrejos asserted a re-measurement confirmed it was only six yards and she was allowed to leave. Security guard Blancaflor admitted her measurement was inaccurate. No disciplinary action was taken, and Torrejos continued working.
On October 3, 1994, Torrejos was absent due to “sore eyes” and had her sister inform management. Her sister later told her that management decided to terminate her. Torrejos called Kamlesh Jeswani, who referred her to his father, Thanwardash Jeswani, who confirmed her termination for abandonment. The next day, she was barred from entering the premises and was again informed via telephone of her termination effective October 3, 1994, for abandonment.
Torrejos filed a complaint for illegal dismissal on November 24, 1994. Petitioners contended she was initially a domestic helper, absorbed only in 1993, and was never dismissed. They alleged that after the fabric incident, her activities were restricted to ESVEE, she spread malicious rumors, offered to resign for a price, and walked out on October 3, 1994, never returning, constituting abandonment.
The Labor Arbiter found illegal dismissal, ordering ESVEE to reinstate Torrejos or pay separation pay, back wages, differential pay, service incentive leave pay, 13th month pay, and attorney’s fees, while dismissing charges against KAMS and the Jeswanis. The NLRC affirmed but reduced the salary differential award. Petitioners filed a certiorari petition alleging the NLRC committed grave abuse of discretion.

ISSUE

1. Whether private respondent Mercedita T. Torrejos was illegally dismissed.
2. Whether the monetary award for salary differential was correctly computed by the NLRC.

RULING

1. Yes, Torrejos was illegally dismissed. The Supreme Court held that petitioners failed to prove abandonment, a valid ground for dismissal. For abandonment to exist, two elements must concur: (a) the employee must have failed to report for work without valid or justifiable reason, and (b) there must be a clear intention to sever the employer-employee relationship manifested by overt acts. Petitioners failed to adduce evidence of any overt act by Torrejos showing an actual intent to abandon her employment. Her failure to file a motion for reinstatement pending appeal was because she opted for separation pay, not abandonment. Moreover, her filing of a complaint for illegal dismissal on November 24, 1994, negates any intention to abandon her work, as it is inconsistent with abandonment. Since petitioners failed to justify the dismissal on the basis of abandonment, it is illegal. Termination must be for a just or authorized cause under the Labor Code and effected in accordance with law, including due process requirements, which petitioners did not comply with.
2. The Supreme Court found no reason to disturb the NLRC’s computation of the salary differential award. The NLRC, in its Resolution dated February 7, 1997, modified the Labor Arbiter’s decision by reducing the salary differential to P18,603.00. The Court affirmed this modification, as petitioners did not sufficiently demonstrate any error in the NLRC’s computation.
DISPOSITIVE PORTION:
The petition is DISMISSED. The Resolution of public respondent National Labor Relations Commission dated February 7, 1997, modifying its Decision of March 2, 1996, in NLRC NCR Case No. 010730-96 is AFFIRMED. Petitioner Esvee Apparel Manufacturing, Inc., is ORDERED to pay private respondent Mercedita T. Torrejos: (a) separation pay of P9,425.00; (b) salary differential of P18,603.00; (c) service incentive leave pay of P1,855.00; (d) 13th month pay of P9,683.91; (e) back wages of P64,090.00; and (f) attorney’s fees equivalent to ten percent (10%) of the total monetary award. Costs against petitioner Esvee Apparel Manufacturing, Inc.