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THIRD DIVISION
CREDIT
ALILEM
INC.,
now
COOPERATIVE,
ALILEM
known
as
MULTIPURPOSE
COOPERATIVE, INC.,
Petitioner,
-
SALVADOR
versus-
M.
BANDIOLA,
Promulgated:
Jr~.,
.
Respondent
X-----------------------------------------~------------------------------------~~~
DECISION
PERALTA,J.:
This is a petition for review on certiorari under Rule 45 of the Rules
of Court filed by petitioner Alilem Credit Cooperative, Inc. against
respondent Salvador M. Bandiola, Jr. assailing the Court of Appeals (CA)
Decision' dated January 16, 2006 and Resolution2 dated July 5, 2006 inCAG.R. SP No. 64554.
The case stemmed from the following facts:
Respondent was employed by petitioner as bookkeeper. Petitioner's
Board of Directors (the Board) received a letter from a certain Napoleon
Gao-ay (Napoleon) reporting the alleged immoral coaduct and unbecoming
Penned by Associate Justice Roberto A. Barrios, with Associate Justices Mario L. Guarifia Ill and
Santiago Javier Ranada, concurring; rolla, pp. 29-37.
2
ld. at 44-45.
Decision
-2-
3
4
5
6
7
8
9
Decision
-3-
Respondent, on the other hand, denied the accusation against him. He,
instead, claimed that the accusation was a result of the insecurity felt by
some members of the cooperative and of the Board because of his growing
popularity owing to his exemplary record as an employee.11 Thelma
executed an affidavit likewise denying the allegations of extra-marital
affair.12
Meanwhile, on June 7, 1997, the Board received a petition from about
fifty members of the cooperative asking the relief of respondent due to his
illicit affair with Thelma.13
In its Summary Investigation Report, the Ad Hoc Committee
concluded that respondent was involved in an extra-marital affair with
Thelma. On July 10, 1997, the Chairman of the Board sent a letter14 to
respondent informing him of the existence of a prima facie case against him
for illicit marital affair, an act that brings discredit to the cooperative
organization and a cause for termination per AMPC (Alilem Multi-Purpose
Cooperative) Personnel Policy. Respondent was directed to appear and be
present at the AMPC office for a hearing. He was likewise advised of his
right to be assisted by counsel.
On the day of the hearing, respondent requested15 for postponement
on the ground that his lawyer was not available. The request was, however,
denied and the hearing proceeded as scheduled.
In a Memorandum16 dated July 16, 1997, respondent was informed of
Board Resolution No. 05, series of 199717 embodying the Boards decision
to terminate his services as bookkeeper of petitioner, effective July 31, 1997,
without any compensation or benefit except the unpaid balance of his regular
salary for services actually rendered.18
10
11
12
13
14
15
16
17
18
Id.
Id.
Id.
Id. at 31.
Id. at 85.
Embodied in a letter dated July 12, 1997; id. at 86.
Rollo, p. 87.
Id. at 88-89.
Id. at 88.
Decision
-4-
Id. at 33.
Id. at 99-110.
21
Id. at 106.
22
Id. at 106-107.
23
Id. at 108.
24
Embodied in a Decision dated June 21, 2000, penned by Commissioner Vicente S.E. Veloso III
and concurred in by Commissioner Alberto R. Quimpo; id. at 131-156.
20
Decision
-5-
25
26
27
28
29
30
31
32
Decision
-6-
Id. at 80.
Id. at 84.
Id. at 150.
Id. at 69-70.
Id. at 90.
Id. at 93.
Decision
-7-
39
Decision
-8-
Id. at 101.
Ventura v. Court of Appeals, G.R. No. 182570, January 27, 2009, 577 SCRA 83, 91.
Id. at 91-92.
Rollo, p. 80.
Id. at 83.
Id. at 84.
Id. at 85.
Id. at 88-89.
-9-
Decision
remove him from his position. Respondent cannot now claim that his right to
due process was infringed upon.
WHEREFORE, premises considered, the petitiOn is hereby
GRANTED. The Court of Appeals Decision dated January 16, 2006 and
Resolution dated July 5, 2006 in CA-G.R. SP No. 64554, are SET ASIDE.
The Labor Arbiter's Decision dated April 30, 1998 in NLRC Case No.
RAB-1-08-1144-97 (IS) dismissing respondent Salvador M. Bandiola, Jr.'s
complaint against petitioner Alilem Credit Cooperative, Inc., Is
REINSTATED.
SO ORDERED.
.PERALTA
Associa e Justice
WE CONCUR:
ROBERTO A. ABAD
Associate Justice
JOSE CA
Ass
DOZA
Associate Justice
Decision
- 10-
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
CERTIFICATION