G.R. No. 85534. March 5, 1993.
GENERAL BAPTIST BIBLE COLLEGE and GENERAL BAPTIST CHURCH OF THE PHILIPPINES, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and GAUDENCIO O. BASA, respondents.

FACTS

Private respondent Gaudencio O. Basa was hired by petitioner General Baptist Bible College in June 1973 as Academic Dean. On April 15, 1986, he was appointed President of the College by its Board of Trustees, effective May 1, 1986, with a term of four years. The appointment required him to give up all secular jobs and renew his certificate of good standing with the church. On June 2, 1987, the Board terminated his services as President effective June 15, 1987, for loss of confidence, citing non-compliance with the terms of his appointment. Basa received the termination letter on June 12, 1987. On June 22, 1987, he filed a complaint for illegal dismissal, money claims, and damages, covering both the positions of President and Academic Dean. The Labor Arbiter found his dismissal as President meritorious but ordered his reinstatement as Academic Dean with backwages and payment of unpaid salaries. The NLRC affirmed the decision with modifications, excluding allowances from backwages and adjusting attorney’s fees. Petitioners contend reinstatement cannot be awarded because Basa never asked for it in his complaint, claiming only separation pay and unpaid wages up to July 15, 1987.

ISSUE

1. Whether Basa has a right to be reinstated as Academic Dean of the College.
2. Whether such relief may be granted even though his prayer was for payment of unpaid salaries and separation pay only.

RULING

1. Yes, Basa has a right to be reinstated as Academic Dean. The burden of proving a valid cause for termination rests on the employer under the Labor Code. The records show no satisfactory proof that Basa’s termination as Academic Dean was for a valid or authorized cause. The termination letter specifically referred only to his position as President. The College failed to inform Basa of the termination of his deanship or provide him due process. In the absence of a clear, valid, and legal cause, the dismissal is considered illegal. The contemporaneous acts of the parties indicated that Basa was expected to act concurrently as President and Academic Dean, as no one else was appointed Academic Dean after his presidential appointment.
2. Yes, the relief of reinstatement may be granted. The NLRC is not strictly bound by the technical rules of procedure and may grant reliefs based on the evidence presented, even if not specifically prayed for, to resolve the rights of the parties. Basa’s complaint for illegal dismissal inherently sought reinstatement, and his claim for separation pay was an alternative relief. The Labor Arbiter and NLRC correctly addressed the issue of his dismissal as Academic Dean, which was raised in his complaint.
The Supreme Court DISMISSED the petition and MODIFIED the NLRC decision. Basa is entitled to: (a) unpaid salaries as Academic Dean from May 1, 1986 to June 14, 1987, excluding allowances; (b) backwages equivalent to three years of his basic salary as Academic Dean, excluding allowances; (c) reinstatement, or payment of separation pay equivalent to seventeen months of basic salary as of June 1990 if reinstatement is not feasible; and (d) attorney’s fees equivalent to 10% of the total award.