G.R. No. 88243, December 22, 1989
ROGELIO O. GARCIA, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and MANILA ELECTRIC COMPANY, respondents.

FACTS

Petitioner Rogelio Garcia, a MERALCO employee since 1968, was assigned to investigate a power failure complaint at the residence of Leticia De Jesus on November 14, 1985. Upon inspection, Garcia discovered a missing screw in the electric meter’s potential link, a clear indication of meter tampering. He informed Mrs. De Jesus, who identified herself as the wife of Rodolfo De Jesus, a security supervisor for the agency guarding MERALCO’s Ortigas office. Garcia agreed to her request to replace the meter later that afternoon when her husband would be home. He reported the need for a replacement to his home base and returned with a new meter, which his subordinate installed. After the installation, Garcia was called into the house, where a man placed money in his pocket. He was immediately apprehended by MERALCO security agents in an alleged entrapment operation for soliciting a bribe to conceal the meter tampering. Following an administrative investigation, Garcia was dismissed for dishonesty under the company’s Code of Employee Discipline.

ISSUE

Whether the National Labor Relations Commission committed grave abuse of discretion in upholding Garcia’s dismissal based on the evidence presented.

RULING

Yes. The Supreme Court granted the petition, reversing the NLRC and reinstating the Labor Arbiter’s decision. The legal logic centered on the insufficiency and incredibility of the evidence to prove dishonesty, a just cause for dismissal requiring clear and convincing proof. The Court found the entrapment narrative implausible. Garcia had already reported the defective meter to his base and secured a replacement, actions inconsistent with an intent to conceal the violation for a bribe. It was highly improbable that Garcia would attempt to extort the wife of a MERALCO security supervisor, a fact he was aware of, which would have guaranteed exposure. His subordinate also denied the extortion charge. The discovery of actual meter tampering at the residence suggested a motive to frame Garcia to preempt any penalty against the customer. Given Garcia’s 18-year unblemished record, the accusation remained doubtful. Consequently, the dismissal violated his constitutional right to security of tenure, as the employer failed to discharge its burden of proving a valid cause for termination by substantial evidence. The Court ordered Garcia’s reinstatement with three years of full backwages and without loss of seniority rights.