THIRD DIVISION
G.R. No. 209689, December 02, 2015
MARISSA B. QUIRANTE, Petitioner, v. OROPORT CARGO HANDLING SERVICES, INC., ET AL. Respondents.
D E C I S I O N
REYES, J.:
Before the Court is the Petition for Review on Certiorari1 filed by Marissa B. Quirante (Quirante) to assail the Decision2 rendered on March 14, 2013 and Resolution3 issued on September 30, 2013 by the Court of Appeals (CA) in CA-G.R. SP No. 03109-MIN. The CA affirmed the Resolution4 dated December 24, 2008 of the National Labor Relations Commission's (NLRC) Fifth Division, which declared that Quirante was validly dismissed from employment by Oroport Cargo Handling Services, Inc. (OROPORT). Felicisimo C. Cañete, Jr. (Cañete) and Venus S. Cabaraban (Cabaraban) are OROPORT's Human Resources Division Head and Superintendent, respectively (the three are to be referred collectively as the respondents). The CA and NLRC rulings reversed the Decision5 dated October 17, 2007 of Executive Labor Arbiter Noel Augusto S. Magbanua (LA Magbanua), who found Quirante's termination from service as illegal and directed payment of full backwages, moral damages and attorney's fees.
WHEREFORE, premises considered, judgment is hereby rendered declaring the dismissal of [Quirante] as illegal; ordering [OROPORT] to immediately reinstate [Quirante] within ten (10) days from receipt of this decision; further ordering [OROPORT] to pay [Quirante] full back wages inclusive of other benefits in the amount of P97,941.28, moral damages in the amount of P50,000.00 and ten (10%) percent attorney's fees in the amount of P14,794.12, a total sum of P162,735.40.LA Magbanua stated that the respondents failed to submit their respective position papers despite the lapse of seven months. Hence, he resolved the complaint solely on the basis of evidence submitted by Quirante.
SO ORDERED.20ChanRoblesVirtualawlibrary
We take judicial notice, as moved by [the respondents], of the fact that [OROPORT] is a duly licensed cargo handling contractor operating at the Port of Cagayan de Oro City, offering its services to the public. As it is duly licensed by the Philippine Ports Authority (PPA), a government instrumentality, then OROPORT may be properly classified as a public utility and not just an ordinary business entity. As such[,] it is akin to a common carrier which has to exercise extraordinary diligence in the handling and safekeeping of the goods which come into its custody.Quirante filed a Motion for Reconsideration25 before the NLRC alleging that the NLRC had no jurisdiction to give due course to the respondents' appeal as no cash or surety bond was posted in violation of the requirement under paragraph 2, Article 22326 of the Labor Code. The NLRC denied Quirante's motion through the Resolution issued on February 27, 2009.
We, therefore, rule that the investigation proceedings conducted by [the respondents] with respect to [Quirante] and which led to her dismissal is thus part of [OROPORT's] mandated duty under the law to observe extraordinary diligence in the vigilance over the goods which is inherent from the nature of its business and for reasons of public policy.
x x x x
While the law imposes many obligations on the employer, such as providing just compensation to workers, observance of procedural requirements of notice and hearing in the termination of employment, it also recognizes the right of the employer to expect from its workers not only good performance, adequate work and diligence, but also good conduct and loyalty. The employer may not be compelled to continue to employ such persons whose continuance in the service will patently be inimical to his interests. The law protecting the rights of the laborer authorizes neither oppression nor self-destruction of the employer.
x x x x
[Quirante's] claims that management has all the reasons not to like her and that her dismissal is arbitrary and whimsical are not supported by the records of the case and remains to be disputed as the [respondents] categorically denied the same. x x x.
xxx [T]he dismissal of [Quirante] is for a just cause (dishonesty) which was committed when she disposed the damaged cargo (one carton hatching eggs) without the approval of her division head on November 7, 2006. As absolute honesty is required in the handling of goods accepted from the public by a cargo handling contractor like OROPORT, we find furthermore that the amount involved is not an issue but whether the act was actually committed or not.24ChanRoblesVirtualawlibrary
[T]he Supreme Court articulated, in no uncertain terms, that labor tribunals, such as the NLRC, are not precluded from receiving evidence submitted on appeal as technical rules are not binding in cases submitted before them.The CA denied Quirante's motion for reconsideration through the Resolution issued on September 30, 2013.
x x x x
x x x [T]he NLRC therefore did not gravely abuse its discretion when it admitted and considered OROPORT's evidence on appeal, as the former is [not] bound by the technical rules on evidence and may validly admit them, aside from the feet that [Quirante] herself failed to file any-pleading in order to refute the allegations and evidence presented by OROPORT.
x x x xDid [Quirante's] act of failing to properly account for and document the damaged eggs in line with the standard procedure set forth by OROPORT, and her consequent appropriation of the same, constitute serious misconduct to warrant her dismissal from service?x x x x
x x x [T]he records disclose that the investigation of [Quirante] was instigated by a complaint filed by [Sabellina] x x x as the latter wanted to acquire the damaged eggs for liquidation in order to offset the corresponding deduction in his payroll for the value of the goods he negligently handled.
x x x x
x x x [Quirante's] deviation from the standard procedure for the documentation and disposition of damaged cargo, and her consequent act of arbitrarily appropriating the damaged eggs, and dolling them out to others the remaining to her co-employees for them to take home, despite the obvious criminal implications, constituted serious misconduct on her part.
In fact, a perusal of the records reveals that [Quirante] herself even casually admitted to bringing home the damaged eggs, and even sanctioned her co-employees' similar act.
[Quirante] therefore committed two serious offenses, first for failing to follow the standard procedure for the documentation and disposition of damaged goods in line with her task as claims officer, and second, for appropriating the eggs, and allowing her co-employees to do the same, without the knowledge and consent of her superiors.
This Court cannot countenance the contentions of [Quirante] that her dismissal form OROPORT was deeply rooted in her participation of labor union activities, as the records are bereft of any evidence to support these allegations. Neither can [Quirante] advance the argument that the damaged eggs were never officially endorsed to her office, as the bottom line remains that she admitted to being in possession of the same, took home 2 trays with her, and even sanctioned her co-employees' similar act. The fact that the damaged eggs were not officially endorsed to her office neither absolved her from failing to document the same, no[r] justified her act of appropriation.28 (Citations omitted)
Article 223 of the Labor Code provides that an appeal by the employer to the NLRC from a judgment of a labor arbiter which involves a monetary award may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the NLRC, in an amount equivalent to the monetary award in the judgment appealed from. x x xPrescinding from the above, OROPORT's submission before the NLRC of a Bank Certification, in lieu of posting a cash or surety bond, cannot be considered as substantial compliance with Article 223 of the Labor Code. The filing of the appeal bond is a jurisdictional requirement and the rules thereon mandate no less than a strict construction. For failure to properly post a bond, OROPORT's appeal was not perfected.
x x x x
Further, Sec. 6 of the [New Rules of Procedure of the NLRC] provides:SECTION 6. BOND. In case the decision of the Labor Arbiter or the Regional Director involves a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond. The appeal bond shall either be in cash or surety in an amount equivalent to the monetary award, exclusive of damages and attorney[']s fees.Clearly, an appeal from a judgment as that involved in the present case is perfected "only" upon the posting of a cash or surety bond. Accessories Specialist, Inc. v. Alabanza enlightens:chanRoblesvirtualLawlibrary
x x x x
No motion to reduce bond shall be entertained except on meritorious grounds and upon the posting of a bond in a reasonable amount in relation to the monetary award.
The filing of the motion to reduce bond without compliance with the requisites in the preceding paragraph shall not stop the running of the period to perfect an appeal. x x x
The posting of a bond is indispensable to the perfection of an appeal in cases involving monetary awards from the decision of the LA. The intention of the lawmakers to make the bond a mandatory requisite for the perfection of an appeal by the employer is clearly limned in the provision that an appeal by the employer may be perfected "only upon the posting of a cash or surety bond." The word "only" makes it perfectly plain that the lawmakers intended the posting of a cash or surety bond by the employer to be the essential and exclusive means by which an employer's appeal may be perfected. The word "may" refers to the perfection of an appeal as optional on the part of the defeated party, but not to the compulsory posting of an appeal bond, if he desires to appeal. The meaning and the intention of the legislature in enacting a statute must be determined from the language employed; and where there is no ambiguity in the words used, then there is no room for construction.
The filing of the bond is not only mandatory but also a jurisdictional requirement that must be complied with in order to confer jurisdiction upon the NLRC. Non-compliance therewith renders the decision of the LA final and executory. This requirement is intended to assure the workers that if they prevail in the case, they will receive the money judgment in their favor upon the dismissal of the employer's appeal. It is intended to discourage employers from using an appeal to delay or evade their obligation to satisfy their employees' just and lawful claims. x x x42 (Citations omitted and emphasis, italics and underscoring in the original)
Labor tribunals, such as the NLRC, are not precluded from receiving evidence submitted on appeal as technical rules are not binding in cases submitted before them. However, any delay in the submission of evidence should be adequately explained and should adequately prove the allegations sought to be proven.In the instant petition, LAMagbanua resolved Quirante's complaint on the basis of the evidence the latter submitted because the respondents failed to file their respective position papers despite the lapse of seven months from the conduct of the final mediation conference.45 The respondents did not amply explain the reason for their delay. Hence, doubt is cast upon the credibility of the evidence offered.
In the present case, MORESCO II did not cite any reason why it had Jailed to file its position paper or present its cause before the Labor Arbiter despite sufficient notice and time given to do so. Only after an adverse decision was rendered did it present its defense and rebut the evidence of Cagalawan by alleging that his transfer was made in response to the letter-request of the area manager of the Gingoog sub-office asking for additional personnel to meet its collection quota. To our mind, however, the belated submission of the said letter-request without any valid explanation casts doubt on its credibility, specially so when the same is not a newly discovered evidence. x x x Why it was not presented at the earliest opportunity is a serious question which lends credence to Cagalawan's theory that it may have just been fabricated for the purpose of appeal.44 (Citations omitted and underscoring ours)
As a general rule, an illegally dismissed employee is entitled to reinstatement (or separation pay, if reinstatement is not viable) and payment of full backwages. In certain cases, however, the Court has carved out an exception to the foregoing rule and thereby ordered the reinstatement of the employee without backwages on account of the following: (a) the fact that dismissal of the employee would be too harsh of a penalty; and (b) that the employer was in good faith in terminating the employee. x x x.48 (Underscoring ours)Fourth. Quirante was dismissed in 2007. LA Magbanua ordered her reinstatement. However, due to the passage of a long period of time rendering reinstatement infeasible, "impracticable and hardly in the best interest of the parties,"49 the Court now finds the propriety of awarding separation pay instead. Separation pay is equivalent to at least one month pay, or one month pay for every year of service, whichever is higher (with a fraction of at least six months being considered as one whole year), computed from the time of employment or engagement up to the finality of the decision.50
Endnotes:
* Designated as Acting Member per Special Order No. 2289 dated November 16, 2015 vice Associate Justice Francis H. Jardeleza.
1Rollo, pp. 10-26.
2 Penned by Associate Justice Marie Christine Azcarraga-Jacob with Associate Justices Romulo V. Borja and Ma. Luisa C. Quijano-Padilla concurring; id. at 28-40.
3 Id. at 42-43.
4 Penned by Presiding Commissioner Salic B. Dumarpa with Commissioners Proculo T. Sarmen and Dominador Medroso, Jr. concurring, id. at 246-253.
5 Id. at 123-126.
6 Id. at 123-124.
7 Id. at 247; please also see Finance Memo No. 06-11-58 dated November 13, 2006, id. at 110-111.
8 Please see Statement of Acceptance of Liability, id. at 109.
9 Id. at 108.
10 Id. at 110.
11 Id. at 112.
12 Id. at 113-115.
13 Id. at 116.
14 Id. at 117.
15 Please see Administrative Memo No. 2007-007; id. at 118-120.
16 Please see Administrative Memo No. 2007-008; id. at 121.
17 Id. at 86-87.
18 Please see Position Paper for Complainant; id. at 88-95, at 89-90
19 Id. at 98-107.
20 Id. at 125-126.
21 Please see Memorandum on Appeal; id. at 127-140.
22 Id. at 141.
23 Id. at 246.
24 Id. at 251-253.
25 Id. at 156-161.
26 In case of a judgment involving a monetary award, an appeal by the employer may be perfected oniy upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in the amount equivalent to the monetary award in the judgment appealed from.
27Rollo, pp. 50-76.
28 Id. at 36-39.
29 Id. at 10.
30 Id. at 18-19.
31 463 Phil. 813 (2003).
32Rollo, p. 18.
33 Id. at 20-21.
34 Id. at 258-270.
35 Id. at 265.
36 Id. at 266-267.
37 Id. at 267.
38 G.R. No. 200222, August 28, 2013, 704 SCRA 362.
39Rollo, pp. 267-268.
40 Id. at 265-266.
41 625 Phil. 589 (2010).
42 Id. at 592-595.
43 G.R. No. 175170, September 5, 2012, 680 SCRA 127.
44 Id. at 139-140.
45Rollo, p. 123. Technically though, only six months and seven days had lapse from April 10, 2007, the date of the final mediation conference, until October 17, 2007, the date of LA Magbanua's Decision.
46 Id. at 125.
47 Supra note 38.
48 Id. at 367.
49Park Hotel v. Soriano, G.R. No. 171118, September 10, 2012, 680 SCRA 328, 343.
50Univac Development, Inc. v. Soriano, G.R. No. 182072, June 19, 2013, 699 SCRA 88, 102; Uy v. Centra Ceramica Corp. and/or Sy, et al., 675 Phil. 670, 685-686 (2011).
51 G.R. No. 189871, August 13, 2013, 703 SCRA 439.
52Univac Development, Inc. v. Soriano, supra note 50.