GR 200653; (June, 2012) (Digest)
G.R. No. 200653 ; June 13, 2012
3RD ALERT SECURITY AND DETECTIVE SERVICES, INC., Petitioner, vs. ROMUALDO NAVIA, Respondent.
FACTS
This case originated from an illegal dismissal complaint filed by Romualdo Navia against his employer, 3rd Alert Security and Detective Services, Inc. The Labor Arbiter ruled in Navia’s favor, a decision affirmed by the National Labor Relations Commission (NLRC). After the NLRC resolution became final and executory, Navia moved for a recomputation of back wages and a writ of execution. The Labor Arbiter granted the writ. 3rd Alert opposed the execution, alleging it had sent a notice of reinstatement to Navia’s counsel, received by a certain “Biznar,” and that Navia failed to report for work.
3rd Alert appealed the writ to the NLRC, which dismissed the appeal, finding the company guilty of bad faith for failing to show an earnest effort to reinstate Navia, as no proper notice was sent to Navia’s counsel of record. The Court of Appeals (CA) subsequently denied 3rd Alert’s petition for certiorari, affirming the NLRC’s findings. 3rd Alert elevated the case to the Supreme Court via a petition for review on certiorari.
ISSUE
Whether the Court of Appeals erred in ruling that the NLRC did not commit grave abuse of discretion in upholding the execution of the monetary award despite 3rd Alert’s claim of having sent a notice of reinstatement.
RULING
The Supreme Court denied the petition and affirmed the CA’s rulings. The Court emphasized it is not a trier of facts and found no grave abuse of discretion in the factual conclusions of the lower tribunals. The NLRC and CA correctly found that 3rd Alert failed to prove it made a valid and earnest effort to reinstate Navia, either physically or on the payroll, as required under Article 223 of the Labor Code, which mandates the immediate executability of reinstatement orders.
The claim that a notice was sent to “Biznar” was insufficient to establish service upon Navia’s counsel of record. The employer’s obligation to reinstate is not extinguished by the employee’s failure to report; the alternative is to place the employee on the payroll. The Court noted that 3rd Alert employed dilatory tactics for about four years to frustrate the execution of a final judgment, making a mockery of the judicial process. Consequently, the Court imposed treble costs against 3rd Alert and awarded attorney’s fees equivalent to ten percent of the total monetary award to Navia, having been compelled to litigate to protect his rights. The ruling underscores that litigation must end, and a final judgment must be executed without undue delay.