G.R. No. 248304. April 20, 2022.
MARLON BUTIAL AGAPITO, PETITIONER, VS. AEROPLUS MULTI-SERVICES, INC. AND MITZI THERESE P. DE GUZMAN, RESPONDENTS.

FACTS

Petitioner Marlon Butial Agapito was hired by respondent Aeroplus Multi-Services, Inc. in February 2004 as a housekeeper. On December 30, 2014, during a company meeting, petitioner questioned his supervisor, George Constantino, about unfair treatment regarding tardiness. Constantino retorted, “Masyado kang ma-reklamo, kung ayaw niyo ang patakaran ko lumayas ka dito!” Petitioner reported this incident on January 5, 2015. Constantino found out and issued a memorandum for insubordination, leading to petitioner’s suspension from February 13 to March 3, 2015. On March 3, 2015, when petitioner reported for work, Aeroplus’s OIC-Personnel, Darrel Mendoza, told him, “Wala na tiwala sayo ang Management kaya tanggal ka na!” and ordered him to leave the office. Petitioner filed a complaint for illegal dismissal, illegal suspension, and money claims. The Labor Arbiter ruled in favor of petitioner, finding illegal dismissal and awarding monetary benefits. The National Labor Relations Commission (NLRC) reversed the decision, dismissing the illegal dismissal complaint and ordering petitioner to return to work, giving credence to affidavits from Constantino and Mendoza submitted only on appeal. The Court of Appeals affirmed the NLRC’s decision.

ISSUE

Whether the Court of Appeals erred in affirming the NLRC’s ruling that petitioner was not illegally dismissed.

RULING

Yes. The Supreme Court granted the petition, reversed the Court of Appeals’ Decision and Resolution, and reinstated the Labor Arbiter’s Decision with modifications. The Court held that petitioner was illegally dismissed. The employer, Aeroplus, failed to substantiate its claim of loss of trust and confidence with clear and convincing evidence. The affidavits of Constantino and Mendoza, submitted only on appeal before the NLRC, were inadmissible for being belatedly filed without justification, violating petitioner’s right to due process. The statements attributed to Mendoza (“Wala na tiwala sayo ang Management kaya tanggal ka na!”) constituted a clear act of dismissal, and Aeroplus failed to prove it had a valid cause for termination or that it complied with the procedural due process requirements (twin notice and hearing). Consequently, petitioner is entitled to full backwages, separation pay in lieu of reinstatement, service incentive leave pay, 13th-month pay, reimbursement of his cash bond, and attorney’s fees. However, the awards for moral and exemplary damages were deleted for lack of basis showing that the dismissal was attended by bad faith or fraud. The monetary awards shall earn legal interest at 6% per annum from finality of judgment until full payment.