GR 152048; (April, 2009) (Digest)
G.R. No. 152048 April 7, 2009
FELIX B. PEREZ and AMANTE G. DORIA, Petitioners, vs. PHILIPPINE TELEGRAPH AND TELEPHONE COMPANY and JOSE LUIS SANTIAGO, Respondents.
FACTS
Petitioners Felix B. Perez and Amante G. Doria were employees of respondent Philippine Telegraph and Telephone Company (PT&T). Following an investigation into alleged anomalies in the Shipping Section, where petitioners worked, they were preventively suspended. Their suspension was extended, and they were eventually dismissed via a memorandum dated October 29, 1993, for allegedly falsifying company documents. Petitioners filed a complaint for illegal dismissal and illegal suspension. The Labor Arbiter ruled in their favor, but the National Labor Relations Commission (NLRC) reversed, finding the dismissal was for just cause. The Court of Appeals affirmed the NLRC on the existence of just cause but found that petitioners were dismissed without due process.
ISSUE
Whether petitioners were illegally dismissed, encompassing the questions of just cause and observance of due process.
RULING
The Supreme Court ruled in favor of petitioners, finding the dismissal illegal for lack of just cause and due process. On just cause, the Court held that loss of trust and confidence, the ground invoked by PT&T, was not proven by substantial evidence. The employer’s bare allegations and the fact that tampered documents passed through petitioners’ hands were insufficient. The employer failed to clearly and convincingly establish the facts from which loss of confidence resulted, such as proving petitioners had exclusive control or access to the documents. Loss of confidence must be genuine and based on substantial evidence, not mere suspicion.
On due process, the Court affirmed the CA’s finding that PT&T failed to comply with the twin-notice requirement. Petitioners were not properly apprised of the charges nor given a real opportunity to be heard before their termination. The dismissal, being without just cause and due process, constituted illegal dismissal. Consequently, petitioners are entitled to reinstatement without loss of seniority rights and full backwages, inclusive of allowances and other benefits, from the time compensation was withheld until actual reinstatement.