FACTUAL BACKGROUND
Carlos De Castro: Building Administrator of Liberty
Broadcasting. He started his employment on August 7,
1995
May 16, 1996: Bernard Mandap (HRM Senior Manager)
sent a notice to Carlos requiring him to explain within 48
hours why he should not be made liable for violation of
the Company Code of Conduct for acts constituting
serious misconduct, fraud and willful breach of trust
reposed in him as a managerial employee
De Castros ANSWER: denied the allegations against
him in the Affidavits of Libertys witnesses: Vicente
Niguidula and Gil Balais. He says such accusations are
baseless and sham, designed to protect Niguidula and
Balais who were the favorite boys of Edgardo Quiogue
(EVP of Liberty Broadcasting)
At De Castros request, a formal hearing was scheduled
at 2pm of May 28, 1996, but he thereafter sent a notice
that he would not participate when he learned from his
wife that estafa and qualified theft had been filed
against him
He felt that the formal hearing would just be a moremore investigation
May 24, 1996: Liberty Broadcasting charged De Castro
with Violation of Company Code of Conduct based on
the Affidavits of Balais, Cristino Samarita and Jose
Aying
May 31, 1996: Notice of Dismissal
Grounds for De Castros Dismissal
1. Soliciting and/or receiving money for his own
benefit from suppliers/dealers/traders Aying
and Samarita, representing commissions for
job contracts involving the airconditioning units
at the company, and the installation of fire exits
at Technology Centre
2. Diversion of company funds by soliciting and
receiving commissions amounting to a 14k
from Aying for a job contract
3. Theft of company property involving the
unauthorized removal of 1 gallon of Delo Oil
from the storage room
4. Disrespect/discourtesy
towards
his
coemployee, Niguidula
5. Disorderly behavior for challenging Niguidula
for a fight during working hours
6. Threat and coercion against Niguidula and for
coercing Balais to solicit money in his behalf
from suppliers/contractors
7. Abuse of authority for instructing Balais to
collect commissions from Aying and Samarita,
and for requiring Raul Pacaldo to exact 2-5%
of the price of contracts awarded to suppliers
8. Slander against Niguidula
De Castro then filed a Complaint for Illegal
Dismissat at NLRC. During the Arbitration, he denied
the offenses charged, stating that:
1. He was just new in the office and could not
encourage solicitation of commission from
suppliers
2. The accusations are belated for the imputed
acts happened in 1995
3. The gallon of Delo Oul carted away was at the
room of Balais that, which circumstance he
relayed to Mandap
4. Affidavits of Niguidula and Balais are not
reliable because they had altercations for De
Castro reprimanded Balais for incurring
unnecessary OT work
5.
ISSUES:
1. W/N CA erred when it substituted its judgment for that
of LA and NLRC who were the triers of facts who had
the opportunity to review the evidence extensively
HELD:
1. YES. CA erred in the appreciation of the evidence
surrounding
the
petitioners
termination
from
employment. The cited grounds are at best doubtful
under the proven surrounding circumstances, and
should have been interpreted in the petitioners favor
pursuant to Article 4 of the Labor Code.
1.The petitioner had not stayed long in the
company and had not even passed his
probationary period when the acts charged
allegedly took place. This fact carries several
significant implications. First, being new, his
natural motivation was to make an early
positive impression on his employer. Thus, it is
believable that as building administrator, he
diligently, zealously, and faithfully performed
his tasks, working in excess of eight hours per
day to maintain the company buildings and
facilities in excellent shape; he even lent the
company his personal tools and equipment to
facilitate urgent repairs and maintenance work
on company properties. Second, because of
his natural motivation as a new employee and
his lack of awareness of the dynamics of
relationships within the company, he must
have been telling the truth when he said that
he objected to the way the contract for the
installation of fire escapes was awarded to
Samarita. Third, his being new somehow
rendered doubtful the charge that he had
already encouraged solicitation of commission
from suppliers, especially if considered with
the timing of the charges against him and the
turnaround of witness Ayings testimony.
2.The relationships within the company at
the time the charges were filed showed that he
was a stranger who might not have known the
dynamics of company inter-relationships and
might have stepped on the wrong toes in the
course of performing his duties. Respondent
Quiogue was the Executive Vice-President of
the company, a very powerful official with a lot
of say in company operations. Since Samarita
was doing the fabrication of steel balusters for
Quiogues home in New Manila, Quezon City,
there is a lot of hidden dynamics in their
relationship and it is not surprising that
Samarita testified against the petitioner. Both
Samarita and Quioque have motives to resent
the petitioners comments about the irregular
award of a contract to Samarita.
3. Mandap, as Personnel Manager, is a
subordinate of Quiogue. The proposal to
secure commissions from company suppliers
reportedly took place in a very public gathering
Allegations of Tongko
In a bid to establish an E-E relationship, he
alleged that De Dios gave him specific
directives on how to manage his area of
responsibility in the latters letter dated Nov. 6,
2001
Manulife exercised control over him
He cited Insular Life Assurance Co Ltd v
NLRAC and Great Pacific Life Insurance which
he claimed to be similar to his case
His dismissal was without basis and he was
not afforded with due process
His actions were said to be controlled by
Manulife Code of Conduct
April 30, 1998: the Labor Arbiter a quo issued the assailed
decision dismissing the complaint for lack of merit.
BENARES v PANCHO
Petitioner: Josefina Benares
Respondents: Jaime Pancho, Rodolfo Pancho, Jr., Joselito
Medalla, Paquito Magallanes, Alicia Magallanes, Evelyn
Magallanes, Violeta Villacampa, Maritess Pancho, Rogelio
Pancho And Arnolfo Pancho
Citation: GR No. 151827
Date of Promulgation: April 29, 2005
Ponente: Tinga
FACTS:
ISSUE:
1. W/N respondents are regular employees of Hacienda Maasin
and thus entitled to their money claims?
2. W/N respondents were illegally terminated
HELD:
1. This case presents a good opportunity to reiterate the Courts
rulings on the subject of seasonal employment. The Labor Code
defines regular and casual employment, viz:
Art. 280. REGULAR AND CASUAL EMPLOYMENT.The
provisions of written agreement to the contrary notwithstanding
and regardless of the oral agreement of the parties, an
employment shall be deemed to be regular where the employee
has been engaged to perform activities which are usually
necessary or desirable in the usual business or trade of the
employer, except where the employment has been fixed for a
specific project or undertaking the completion or termination of
which has been determined at the time of the engagement of the
employee or where the work or service to be performed is
seasonal in nature and the employment is for the duration of the
season.
An employment shall be deemed to be casual if it is not covered
by the preceding paragraph: Provided, That, any employee who
has rendered at least one year of service, whether such service
is continuous or broken, shall be considered a regular employee
with respect to the activity in which he is employed and his
employment shall continue while such activity exists.
The law provides for three kinds of employees: (1) regular
employees or those who have been engaged to perform
activities which are usually necessary or desirable in the usual
business or trade of the employer; (2) project employees or
those whose employment has been fixed for a specific project or
undertaking, the completion or termination of which has been
determined at the time of the engagement of the employee or
where the work or service to be performed is seasonal in nature
and the employment is for the duration of the season; and (3)
casual employees or those who are neither regular nor project
employees.
FRANCISCO v NLRC
Since she was no longer paid her salary, petitioner did not
report for work and filed an action for constructive
dismissal before the labor arbiter.