GR 192573; (October, 2014) (Digest)
G.R. No. 192573 October 22, 2014
RICARDO N. AZUELO, Petitioner, vs. ZAMECO II ELECTRIC COOPERATIVE, INC., Respondent.
FACTS
Petitioner Ricardo N. Azuelo was employed by respondent ZAMECO II Electric Cooperative, Inc. as a maintenance worker. In March 2006, Azuelo filed a complaint for illegal dismissal and non-payment of benefits against ZAMECO before the NLRC Regional Arbitration Branch (NLRC Case No. RAB III-03-9912-06). Labor Arbiter Mariano L. Bactin ordered the parties to submit position papers. Despite being granted extensions, Azuelo failed to submit his position paper. On November 6, 2006, LA Bactin dismissed the case due to Azuelo’s failure to file his position paper despite ample opportunity. Azuelo received the dismissal order on November 17, 2006. Instead of appealing, Azuelo filed a second complaint for illegal dismissal with the same allegations on November 21, 2006 (NLRC Case No. RAB-III-11-10779-06). ZAMECO moved to dismiss the second complaint on the ground of res judicata. Labor Arbiter Reynaldo V. Abdon granted the motion and dismissed the second complaint. The NLRC affirmed this dismissal. The Court of Appeals also denied Azuelo’s petition, upholding the application of res judicata.
ISSUE
Whether the dismissal of Azuelo’s first complaint for illegal dismissal, on the ground of his failure to submit his position paper, bars the filing of another complaint for illegal dismissal based on the same allegations.
RULING
The Supreme Court denied the petition. The dismissal of the first complaint was an adjudication on the merits and with prejudice, thus barring the second complaint under the principle of res judicata. The Court applied Section 3, Rule 17 of the Rules of Court by suppletory application (as provided in the NLRC Rules), which states that a dismissal for failure to prosecute has the effect of an adjudication upon the merits unless otherwise declared by the court. Since LA Bactin’s dismissal order did not state it was without prejudice, it is deemed a dismissal with prejudice. Azuelo’s remedy was to appeal the dismissal of his first complaint within the reglementary period, not to file a new complaint. The NLRC and the Court of Appeals did not commit grave abuse of discretion in dismissing the second complaint.