GR 173489; (February, 2013) (Digest)
G.R. No. 173489 ; February 25, 2013
ALILEM CREDIT COOPERATIVE, INC., now known as ALILEM MULTIPURPOSE COOPERATIVE, INC., Petitioner, vs. SALVADOR M. BANDIOLA, JR., Respondent.
FACTS
Respondent Salvador M. Bandiola, Jr., a bookkeeper for petitioner cooperative, was accused of having an extramarital affair with a married woman, Thelma G. Palma. The cooperative’s Board of Directors initiated an investigation based on sworn statements from witnesses, including Thelma’s relatives, who attested to witnessing intimate acts and cohabitation. A petition from fifty cooperative members also sought his relief. Respondent denied the allegations, claiming they were fabricated due to professional envy. Thelma also executed a denial. An Ad Hoc Committee investigated and found a prima facie case. Respondent was notified, a hearing was set, and his request for postponement due to his counsel’s unavailability was denied. The Board subsequently terminated his employment for violating the personnel policy against acts bringing discredit to the cooperative, specifically illicit affairs.
ISSUE
Was respondent illegally dismissed?
RULING
No, the dismissal was valid. For a dismissal based on a just cause to be valid, it must be both substantively and procedurally sound. Substantively, the employer must prove by substantial evidence that the act constituting just cause existed. The Court found the cooperative presented ample evidence, including detailed sworn statements from disinterested witnesses, which constituted substantial proof of the illicit affair. This act fell under the personnel policy prohibiting scandalous acts and those bringing discredit to the organization, constituting willful breach of trust. Procedurally, due process requires notice and hearing. Respondent received a notice stating the charges and the basis for the prima facie finding. While his hearing postponement request was denied, the Court ruled this did not violate due process as he was given the opportunity to be heard; the inability of his chosen counsel did not obligate the cooperative to delay proceedings indefinitely. He was also duly notified of the termination decision. Thus, the dismissal was for a just cause and executed with due process. The Labor Arbiter’s decision was reinstated.