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Case Doctrine:
The employer cannot be compelled to continue in employment an employee
guilty of acts inimical to the interest of the employer and justifying loss of
confidence in him.
Article 292(b), of the Labor Code, as amended, requires the employer to
give the employee two written notices prior to his termination for just cause.
There is no lack of due process when the employee is given ample time to be
heard and refute the charges against him.
Title of the Case: PUNONGBAYAN AND ARAULLO (P&A), BENJAMIN R.
PUNONGBAYAN., JOSE G. ARAULLO, GREGORIO S. NAVARRO, ALFREDO V.
DAMIAN AND JESSIE C. CARPIO, Petitioners, v. ROBERTO PONCE
LEPON, Respondent.
G.R. No. 174115, dated November 09, 2015
Ponente: JARDELEZA, J.
Facts:
Roberto Ponce Lepon was the Manager in charge of Cebu operations and the
Director of the Visayas-Mindanao operations of Punongbayan & Araullo (a
professional accounting firm). In April 2002, there were negotiations of
possible merger between SGV and P&A. Lepon and some P&A employees
expressed their disapproval. Subsequently, P&A learned that Lepon (1) met
with P&A's clients and invited them to engage the services of Laya
Mananghaya-KPMG (LM-KPMG), a competing accounting firm, and (2)
attempted to pirate the entire staff of P&A's Cebu City Office and Davao City
Office.
P&A sent Lepon a letter requiring explanation and the respondent replied,
denying the allegations. In June 2002, Lepon was terminated on the ground
of loss of trust and confidence. On June 14, 2002, respondent filed a
complaint for illegal suspension and illegal dismissal, and for payment of
13th month pay, service incentive leave, allowances, separation pay,
retirement benefits, moral damages, and exemplary damages against P&A
and its partners with the Regional Arbitration Branch No. VII of the National
Labor Relations Commission (NLRC) in Cebu City.
Labor Arbiter dismissed the petition for lack of merit, which was affirmed by
the NLRC. The Court of Appeals found the petition meritorious. It reviewed
the factual findings of the NLRC, and it ruled that petitioners illegally
suspended and dismissed respondent from employment. It further ruled that
the responded was denied due process.
Issues:
Based on petitioners' allegations of errors, the issues for resolution before
this Court are:
1. Whether the factual findings of both the NLRC and the Labor
Arbiter were supported by substantial evidence;
2. Whether respondent was deprived of his right to due process;
and
3. Whether the petitioners are jointly and severally liable with
P&A to pay the judgment award.
Held:
I.
The factual findings of the NLRC and the Labor Arbiter were
supported by substantial evidence.
The Court is not unmindful of the rule in labor cases that the employer has
the burden of proving that the termination was for a valid or authorized
cause. However, it is likewise incumbent upon the employees that they
should first establish by competent evidence the fact of their dismissal from
employment. As an allegation is not evidence, it is elementary that a party
alleging a critical fact must support his allegation with substantial evidence.
It was also stressed that the evidence to prove the fact of dismissal must be
clear, positive and convincing. In the present case, the facts and the
evidence do not establish a prima facie case that respondents were
dismissed from employment. Aside from their mere assertion and joint
affidavit, respondents failed to adduce corroborative and competent
evidence to substantiate their conclusion that they were dismissed from
employment. Respondents did not even present the alleged notice of
termination of their employment. Therefore, in the absence of any showing
of an overt or positive act proving that petitioner had dismissed respondents,
the latters claim of illegal dismissal cannot be sustained as the same would
be self-serving, conjectural and of no probative value. The records are
devoid of any indication that they were barred from petitioners premises or
were otherwise deprived of any work assignment after the discontinuance of
their work in PLDT-Calamba. It was also not shown that respondents
reported or even tried to report to petitioners office and requested for
another work assignment after being dismissed from PLDT-Calamba. On the
contrary, the evidence presented by petitioner showed that they were
repeatedly summoned to report to its main office and did not even bother to
show despite several notices.
Moreover, the rule that the employer bears the burden of proof in illegal
dismissal cases finds no application in a case, like the present petition,
where the employer denied having dismissed the employees. Petitioner
alleged that the CA erred in ruling that respondents were entitled to
reinstatement, payment of backwages and other monetary benefits.
Petitioner believed that respondents are not entitled to the awards since they
were not illegally dismissed. Under Article 279 of the Labor Code and as
settled in jurisprudence, an employee who is dismissed without just cause
and without due process is entitled to backwages and reinstatement or
payment of separation pay in lieu thereof. While we agree with the rulings of
the LA and the NLRC that respondents were not illegally dismissed and not
guilty of abandonment, we do not agree with their decisions to dismiss the
case for lack of merit. Instead, we find that respondents are entitled to
reinstatement without payment of backwages and other monetary benefits.
Anent the issue on the award of attorneys fees, Article 111 of the Labor
Code provides that in cases of unlawful withholding of wages, the culpable
party may be assessed attorneys fees, equivalent to ten percent (10%) of