G.R. No. 240882 , September 16, 2020
Wilfredo T. Mariano, Petitioner, vs. G.V. Florida Transport and/or Virgilio Florida, Jr., Respondents.

FACTS

Petitioner Wilfredo Mariano, a bus driver for respondent company, was instructed to alight from his bus on May 31, 2015, and was later told not to report for work. He filed a complaint for illegal dismissal and monetary claims. The Labor Arbiter ruled in his favor, deeming his allegations admitted due to the respondents’ failure to file their position paper regarding his complaint. The Arbiter awarded separation pay, backwages, and other monetary claims.
On appeal, the National Labor Relations Commission (NLRC) admitted the respondents’ belatedly submitted position paper, which alleged Mariano was dismissed for several reckless driving incidents constituting serious misconduct. The NLRC reversed the Labor Arbiter, finding the dismissal valid but awarding proportionate 13th-month pay. The Court of Appeals affirmed the NLRC’s decision. Mariano elevated the case to the Supreme Court, arguing the position paper was improperly admitted, he was not afforded due process, and his dismissal was without cause.

ISSUE

The core issues are: (1) whether the NLRC correctly admitted the respondents’ belated position paper; and (2) whether Mariano was lawfully dismissed.

RULING

The petition is partly meritorious. On procedural grounds, the Supreme Court held the NLRC erred in admitting the belated position paper. While labor tribunals are not strictly bound by technical rules, the proponent must adequately explain the delay and prove the evidence is material. Respondents claimed they mailed two separate position papers in one envelope but only presented a registry receipt. They failed to submit the required affidavit of the person who mailed it, which was crucial to prove service under the Rules of Court. Consequently, the position paper should not have been admitted, and the Labor Arbiter’s ruling based on respondents’ default was correct.
Substantively, however, the Court found the dismissal was for a just cause. Even without the belated position paper, other evidence in the record—specifically, copies of notices and memoranda—established that Mariano committed multiple infractions for reckless driving. These constituted serious misconduct, a valid ground for dismissal under Article 297 of the Labor Code. Nevertheless, the Court found the company failed to comply with procedural due process. The records did not show that Mariano was given a written notice specifying the grounds for dismissal and a reasonable opportunity to respond. Therefore, while the dismissal was substantively valid, the employer is liable for nominal damages for the procedural defect. The awards for separation pay and backwages are deleted, but the award of proportionate 13th-month pay is sustained, and nominal damages are granted.