GR 78062; (June, 1989) (Digest)
G.R. No. 78062 & G.R. No. 83927, June 28, 1989
VETERANS PHILIPPINE SCOUT SECURITY AGENCY, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and ROBERTO DE LOS SANTOS, respondents. / ROBERTO DE LOS SANTOS, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, VETERANS PHILIPPINE SCOUT SECURITY AGENCY, WILLIE O. JAMILA and SERGIO JAMILA, respondents.
FACTS
Roberto De los Santos was employed as a security guard by Veterans Philippine Scout Security Agency. On February 6, 1985, he was relieved from his post in Naga City and ordered to report to the agency’s Quezon City office for an inquiry regarding client complaints. De los Santos reported only on May 21, 1985, citing financial problems. The agency aborted the inquiry and, acceding to his request for reinstatement, instructed him to wait for a new assignment with a P500 monthly allowance and free board and lodging.
Despite this arrangement, De los Santos filed a complaint for illegal dismissal with the NLRC on May 23, 1985. The labor arbiter ruled in his favor on February 27, 1986, ordering reinstatement with backwages and monetary awards. The agency received notice of this decision on April 23, 1986, and filed a Motion for Reconsideration and/or Appeal with the NLRC on May 5, 1986. De los Santos moved for execution, claiming the decision had become final due to an untimely appeal. The NLRC modified the arbiter’s decision, eliminating the damages award. Both parties filed separate petitions before the Supreme Court, which were consolidated.
ISSUE
The primary issues were: (1) whether the labor arbiter’s decision had become final and executory, thereby depriving the NLRC of jurisdiction to modify it; and (2) whether De los Santos was illegally dismissed.
RULING
The Supreme Court ruled in favor of the security agency. On the procedural issue, the Court held the appeal was timely. Under Article 223 of the Labor Code, an appeal must be filed within ten calendar days from receipt of the decision. The agency received notice on April 23, 1986, making the last day to appeal May 3, 1986, a Saturday. Applying the rule that when the last day falls on a Saturday, Sunday, or holiday, the period extends to the next working day, the deadline was moved to Monday, May 5, 1986. The agency filed on that date, rendering the appeal seasonable. Thus, the arbiter’s decision did not attain finality, and the NLRC validly assumed jurisdiction.
On the substantive issue, the Court found no illegal dismissal. De los Santos was not terminated; he was merely called for an inquiry. His failure to report for over three months constituted abandonment. When he finally reported, the agency, satisfied with his explanation, offered reinstatement with interim support. His immediate filing of a complaint the next day negated any claim of dismissal. The NLRC thus committed grave abuse of discretion in affirming the illegal dismissal finding. Consequently, the Court granted the agency’s petition, dismissed De los Santos’s petition, and set aside the NLRC and labor arbiter’s decisions, ordering the complaint dismissed.