G.R. No. 94429 May 29, 1992
BATANGAS LAGUNA TAYABAS BUS COMPANY, petitioner, vs. THE HONORABLE NATIONAL LABOR RELATIONS COMMISSION, NATIONAL FEDERATION OF LABOR UNIONS (NAFLU) AND ARNEL A. SAMONTE, respondents.

FACTS

Private respondent Arnel B. Samonte was hired as a regular driver by petitioner Batangas Laguna Tayabas Bus Company on June 16, 1981. On February 24, 1988, while driving Bus BL-425, an incident occurred leading to his dismissal. During the trip, bus inspector Renante Sandoval boarded to conduct a routine ticket inspection. Later, another inspector, Danilo Manalo, signaled the bus to stop, but Samonte flashed his headlights to indicate an inspector was already aboard, though he slowed down. Inspector Manalo then waved for him to proceed. Inside the bus, conductor Graciano Sibulo collected fares from 65 passengers but issued tickets that were not punched, purportedly to facilitate future punching for shorter distances. Inspector Sandoval discovered this when the conductor refused to surrender ticket stubs, forcing Sandoval to collect original tickets from passengers. An argument ensued between the conductor and inspector. Samonte, as a union officer, attempted to mediate and convince Inspector Sandoval not to report the conductor’s misdemeanor, citing their common union membership and having seen Sandoval about to receive money from the conductor. Inspector Sandoval accompanied the bus to the terminal per company policy. On January 9, 1988, Samonte was dismissed based on accusations of conspiring with the conductor to cheat the company and detaining or “kidnapping” Inspector Sandoval. On February 24, 1988, Samonte filed a complaint for illegal dismissal. The Labor Arbiter ruled in favor of Samonte, ordering reinstatement with full backwages. The NLRC affirmed this decision, and denied the motion for reconsideration.

ISSUE

Whether or not respondent Samonte was legally dismissed.

RULING

The Supreme Court ruled that respondent Samonte was illegally dismissed. The charges of conspiracy with the conductor and detaining the inspector were unfounded and based merely on inferences, surmises, and conjectures. No evidence proved a meeting of the minds between Samonte and the conductor. Samonte’s duty was driving, requiring undivided attention, and he only learned of the conductor’s misdeed during the argument. The accusation that Samonte misled inspectors by flashing headlights was rebutted, as only one inspector testified, and Samonte explained he stopped for Inspector Manalo, who signaled him to proceed. Samonte’s intercession for the conductor was understandable as a union officer trying to help union members, not an indication of conspiracy. The offense charged partakes of the nature of a crime and must be proved by more than ordinary prima facie evidence; mere accusation is insufficient. Furthermore, Samonte was not accorded due process. He was dismissed on January 9, 1988, but the investigation was conducted on January 11, 1988, meaning he was dismissed before being given an opportunity to defend himself, violating the sequence of notice, hearing, and judgment required by law. The petition was dismissed, and the NLRC resolutions were affirmed.