MANILA ELECTRIC COMPANY V GALA ISSUE: W/N Gala was illegally dismissed; W/N Gala should be

(Brion, 2012) reinstated despite his probationary status

Jan Gala was employed as a probationary lineman in Meralco. HELD:

Barely 4 months in the job, he was dismissed for alleged
pilferages of Meralco’s supplies particularly for an incident. On
that incident, Gala and other Meralco workers were instructed to
repair a worn out electric pole in Valenzuela. Another group
arrived there before them and they were told to help dig a hole
for the pole to be installed. While working, Llanes, a non
Meralco worker, arrived and who was known to the foremen
(group leader). Llanes went in the truck and took out electric
supplies without being stopped. All the workers in the site were
charged with misconduct and dishonesty
Unknown to the crew, a Meralco surveillance task force wwas
monitoring and taking a video of their activities. Gala was
investigated. He claimed that (1) he was far from the truck when
it happened, (2) did not know any illegal activity was happening
because the foremen were talking to Llanes, (3) did not call
attention to it because he was a mere lineman, (4) following
instructions to his work and had no control over the dispensing
of the materials, (5) Meralco depended on the joint affidavit of
the surveillance team which was presented for the first time in
CA and only included his name in the second affidavit
1. NO. There was substantial evidence that Gala is unfit to
continue employment because of his undeniable knowledge, if
not participation, in the pilferage activities. As a probationary
employee, his overall job performance and behavior is being
monitored. He was subject to the strict compliance with the
Code of Discipline which included transparency, selflessness
and integrity. Weird that although he knew Llanes before the
incident, incredulous he did notknow what Llanes was doing or
what they were talking about. The familiarity with Llanes only
shows supports the reports that there was theft even before the
incident.
Llanes picked up the unused supplies, no doubt for his and the
crew that tolerated it in the first place. For one working in the
scene and knows Llanes, suspicious. There was a video of Gala
allowing Llanes to board the truck. Totality of evidence shows
that he knows---violated probationary agreement.
DISPOSITIVE: Granted.

Meralco said (1) he admitted he knew Llanes, (2) did not stop
nor report Llanes, (3) undeniable knowledge of the pilferage RSAT
thus he assisted them, (4) even if illegaly dismissed, entitled to
just his backwages for the unexpired portion of his employment
contract

LA: Upheld the termination.

NLRC: Illegal dismissal because there was no concrete showing
of complicity with the dishonesty. Backwages and atty fees, no
reinstatement.
CA: reinstate Gala with full backwages and benefits