G.R. No. L-56950-51 September 30, 1982
M. F. VIOLAGO OILER TANK TRUCKS, petitioner, vs. THE NATIONAL LABOR RELATIONS COMMISSION and FELIPE CRUZ, AMADO MARIANO, RICARDO PASCO, TEOFILO DE LEON and ZOSIMO SACDALAN, respondents.

FACTS

Five drivers filed complaints for illegal dismissal against their employer, M.F. Violago Oiler Tank Trucks. The drivers alleged that their employer withdrew the trucks they drove without just cause and prior clearance from the Ministry of Labor, and failed to provide various benefits and wage adjustments. The employer countered that four drivers (Mariano, Pasco, De Leon, and Sacdalan) were banned by Petrophil, a major client, from entering its compound due to alleged irregularities in fuel delivery, which effectively prevented them from performing their work. It claimed these drivers subsequently abandoned their trucks. Regarding driver Felipe Cruz, the employer alleged he abandoned his job to campaign in local elections.
The Labor Arbiter found constructive dismissal and awarded backwages, separation pay in lieu of reinstatement, and other benefits. The NLRC affirmed but modified the award, ordering reinstatement with full backwages instead of separation pay. The employer elevated the case to the Supreme Court.

ISSUE

Whether the NLRC correctly ruled that the drivers were illegally dismissed, warranting reinstatement and backwages.

RULING

The Supreme Court modified the NLRC decision. For drivers Mariano, Pasco, De Leon, and Sacdalan, the Court found no illegal dismissal. Their inability to work stemmed from Petrophil’s ban, an external act beyond the employer’s control. The employer maintained it never dismissed them and they could return once Petrophil cleared them. Their long delay in filing the complaint supported the employer’s position that no dismissal occurred. Thus, they were ordered reinstated without backwages, contingent upon securing Petrophil clearances.
For driver Felipe Cruz, the Court sustained the finding of illegal dismissal. The employer’s claim of abandonment was unsubstantiated, as there was no report filed with the Ministry of Labor. Cruz’s role as a barangay captain and sole breadwinner made it illogical for him to voluntarily abandon a stable income. The Court found his dismissal was due to his refusal to campaign for candidates favored by the employer. Therefore, he was ordered reinstated with full backwages until actual reinstatement. The decision highlights the necessity of concrete evidence for claims of abandonment and distinguishes between termination by employer action and job loss due to third-party prohibitions.