GR L 56176; (February, 1985) (Digest)
G.R. Nos. L-56176-77 February 28, 1985
Remerco Garments Manufacturing, petitioner, vs. Hon. Minister of Labor and Employment and Zenaida Bustamante, Luz Raymundo and Ruth Corpuz, respondents.
FACTS
Petitioner Remerco Garments Manufacturing sought clearance to terminate three employees. Ruth Corpuz was charged with defacing company property by placing a chalk mark on a jacket. Luz Raymundo was charged with insubordination for refusing to work on her designated rest day. Zenaida Bustamante was charged with abandonment for failing to report after a suspension. The Acting Director of the MOLE-NCR granted the clearance applications. The employees appealed to the Minister of Labor, who reversed the order, declaring the dismissals illegal and ordering reinstatement with full backwages. During Supreme Court proceedings, Ruth Corpuz executed an affidavit of desistance, leading to the dismissal of the petition as to her.
ISSUE
Whether the Minister of Labor correctly declared the dismissals of Luz Raymundo and Zenaida Bustamante illegal.
RULING
Yes. The Supreme Court affirmed the Minister of Labor’s decision. On the merits, the grounds for dismissal were not substantiated. For Raymundo, the refusal to work on a Sunday, her rest day, did not constitute willful insubordination warranting dismissal, especially considering her prior request for exemption. For Bustamante, her failure to report after suspension was due to a medically certified illness, negating the claim of abandonment, which requires a clear, deliberate intent to sever employment. The Court found no reasonable grounds for their outright dismissal.
Procedurally, the Court rejected petitioner’s claim of denial of due process. The Minister of Labor has appellate authority to review the entire record and decide based on the evidence therein. Any technical defect was cured when petitioner filed a motion for reconsideration before the Minister, fully ventilating its arguments. The weakness of petitioner’s substantive case was underscored by its emphasis on procedural objections. Consequently, the Court ordered the reinstatement of Raymundo and Bustamante to their former or equivalent positions without loss of seniority rights, with three years’ backwages from the date their suspension ended.