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SUPREME COURT
Manila
SECOND DIVISION
Present:
Petitioners,
QUISUMBING, J., Chairperson,
CARPIO,
CARPIO MORALES,
- versus -
TINGA, and
VELASCO, JR., JJ.
Promulgated:
SANTIAGO O. MAMAC,
Respondent.
x-----------------------------------------------------------------------------------------x
DECISION
The Facts
1[1] Rollo, pp. 59-72. The Decision was penned by Associate Justice Delilah VidallonMagtolis and concurred in by Associate Justices Eliezer R. Delos Santos and Arturo
D. Brion.
2[2] Id. at 84.
The KKTI employees later organized the Kaisahan ng mga Kawani sa King
of Kings (KKKK) which was registered with DOLE. Respondent was elected
KKKK president.
Report. After considering the explanation of the employee, the company then
makes a determination of whether to accept the explanation or impose upon the
employee a penalty for committing an infraction. That decision shall be stated on
said Irregularity Report and will be furnished to the employee.
Upon audit of the October 28, 2001 Conductors Report of respondent, KKTI
noted an irregularity. It discovered that respondent declared several sold tickets as
returned tickets causing KKTI to lose an income of eight hundred and ninety
pesos. While no irregularity report was prepared on the October 28, 2001 incident,
KKTI nevertheless asked respondent to explain the discrepancy. In his letter, 3[3]
respondent said that the erroneous declaration in his October 28, 2001 Trip Report
was unintentional. He explained that during that days trip, the windshield of the
bus assigned to them was smashed; and they had to cut short the trip in order to
immediately report the matter to the police. As a result of the incident, he got
confused in making the trip report.
In its April 3, 2002 Position Paper,5[5] KKTI contended that respondent was
legally dismissed after his commission of a series of misconducts and misdeeds. It
claimed that respondent had violated the trust and confidence reposed upon him by
KKTI. Also, it averred that it had observed due process in dismissing respondent
and maintained that respondent was not entitled to his money claims such as
service incentive leave and 13th-month pay because he was paid on commission or
percentage basis.
Affirming the NLRC, the CA held that there was just cause for respondents
dismissal. It ruled that respondents act in declaring sold tickets as returned tickets x
x x constituted fraud or acts of dishonesty justifying his dismissal.9[9]
Also, the appellate court sustained the finding that petitioners failed to
comply with the required procedural due process prior to respondents termination.
However, following the doctrine in Serrano v. NLRC,10[10] it modified the award
of PhP 10,000 as indemnification by awarding full backwages from the time
respondents employment was terminated until finality of the decision.
The Issues
Due process under the Labor Code involves two aspects: first,
substantivethe valid and authorized causes of termination of employment under the
Labor Code; and second, proceduralthe manner of dismissal.12[12] In the present
case, the CA affirmed the findings of the labor arbiter and the NLRC that the
termination of employment of respondent was based on a just cause. This ruling is
11[11] Rollo, p. 207; original in capital letters.
12[12] Agabon v. National Labor Relations Commission, GR No. 158693, November
17, 2004, 442 SCRA 573, 612.
not at issue in this case. The question to be determined is whether the procedural
requirements were complied with.
(a)
A written notice served on the employee specifying the
ground or grounds for termination, and giving said employee
reasonable opportunity within which to explain his side.
(b) A hearing or conference during which the employee
concerned, with the assistance of counsel if he so desires is given
opportunity to respond to the charge, present his evidence, or rebut
the evidence presented against him.
(1) The first written notice to be served on the employees should contain
the specific causes or grounds for termination against them, and a directive that the
employees are given the opportunity to submit their written explanation within a
reasonable period. Reasonable opportunity under the Omnibus Rules means every
kind of assistance that management must accord to the employees to enable them
to prepare adequately for their defense.15[15] This should be construed as a period
of at least five (5) calendar days from receipt of the notice to give the employees
13[13] The same provision is also found in Section 2(d) of Rule I of Book VI of the
Omnibus Rules Implementing the Labor Code.
14[14] Omnibus Rules Implementing the LABOR CODE, Book V, Rule XXIII.
(2)
After serving the first notice, the employers should schedule and conduct a
hearing or conference wherein the employees will be given the opportunity to: (1)
explain and clarify their defenses to the charge against them; (2) present evidence
in support of their defenses; and (3) rebut the evidence presented against them by
the management. During the hearing or conference, the employees are given the
chance to defend themselves personally, with the assistance of a representative or
counsel of their choice. Moreover, this conference or hearing could be used by the
parties as an opportunity to come to an amicable settlement.
In the instant case, KKTI admits that it had failed to provide respondent with
a charge sheet.16[16] However, it maintains that it had substantially complied with
the rules, claiming that respondent would not have issued a written explanation had
he not been informed of the charges against him.17[17]
Second, even assuming that petitioner KKTI was able to furnish respondent
an Irregularity Report notifying him of his offense, such would not comply with
the requirements of the law. We observe from the irregularity reports against
respondent for his other offenses that such contained merely a general description
of the charges against him. The reports did not even state a company rule or policy
that the employee had allegedly violated. Likewise, there is no mention of any of
the grounds for termination of employment under Art. 282 of the Labor Code.
Thus, KKTIs standard charge sheet is not sufficient notice to the employee.
As stated earlier, after a finding that petitioners failed to comply with the due
process requirements, the CA awarded full backwages in favor of respondent in
Section 3 of the Rules Implementing Presidential Decree No. 851 22[22] provides
the exceptions in the coverage of the payment of the 13th-month benefit. The
provision states:
SEC. 3. Employers covered.The Decree shall apply to all employers except to:
xxxx
which indicated the varying amount of commissions he was receiving each trip.
Thus, he was excluded from receiving the 13th-month pay benefit.