G.R. No. 216599 September 16, 2020
Verizon Communications Philippines, Inc., Petitioner, vs. Laurence C. Margin, Respondent.

FACTS

Respondent Laurence C. Margin was hired by petitioner Verizon Communications Philippines, Inc. as a network engineer on September 3, 2007. In January 2012, due to health issues including constant nausea, difficulty in breathing, and cough with blood spots, he consulted a doctor and was diagnosed with “PTB vs. Pneumonia,” for which he was recommended 60 days of isolation and bed rest. On February 3, 2012, Margin notified his manager, Joseph Benjamin Quintal, via text message of his illness and did not report for work to recuperate. He went to Guimaras Island to quarantine. He did not specify the duration of his leave in his notification. His manager attempted to contact him to request a medical certificate and inquire about the leave duration, but Margin did not respond. On March 8, 2012, after more than a month of absence, Verizon sent a company nurse to Margin’s house to serve a notice requiring him to explain his unauthorized absence and why he should not be considered to have abandoned his work. The notice was received by Margin’s cousin. On March 14, 2012, Margin contacted his manager regarding the notice, explaining he had no cellphone reception where he was staying. On the same day, he sent an email admitting his mistake, apologizing for his unauthorized absence, and seeking reconsideration of his dismissal. Verizon terminated his employment on March 28, 2012, the same day Margin filed a complaint for illegal dismissal and damages. The Labor Arbiter dismissed the complaint, ruling that Margin’s prolonged unauthorized absence of 38 days violated company policy and hampered operations. The National Labor Relations Commission (NLRC) reversed the Labor Arbiter, finding Margin was illegally dismissed due to lack of just cause and due process, and ordered Verizon to pay backwages, separation pay, and attorney’s fees. The Court of Appeals upheld the NLRC’s decision.

ISSUE

Whether or not respondent Laurence C. Margin was illegally dismissed by petitioner Verizon Communications Philippines, Inc.

RULING

Yes, the Supreme Court affirmed the findings of the NLRC and the Court of Appeals that Margin was illegally dismissed. The Court held that Verizon failed to prove by substantial evidence that Margin’s absence was unjustified or that he intended to abandon his work. Margin’s failure to notify the company of the duration of his leave and to submit a medical certificate during his absence, while a violation of company rules, did not constitute willful disobedience or neglect of duty amounting to a just cause for dismissal under Article 297 of the Labor Code. His actions were not attended by wrongful intent or perversity of will; his absence was due to a serious illness, and he had initially informed his manager. The Court also found that Verizon failed to comply with the twin-notice requirement of procedural due process before termination. Consequently, Margin is entitled to reinstatement without loss of seniority rights and other privileges, and to full backwages, inclusive of allowances and other benefits, from the time of his dismissal until actual reinstatement. If reinstatement is no longer viable, he is entitled to separation pay in lieu of reinstatement, in addition to full backwages.