HOCHENG PHILIPPINES CORPORATION, CORPORATION, Petitioner , v. ANTONIO M. FARRALES, FARRALES, Respondent . DECISION REYES, J. REYES, J.:: Before this Court on Petition for Review on Certiorari 1 is the Decision 2 dated October 17, 2013 of the Court of Aea!s "CA# in CA$%.R. &P 'o. 12(103, which reversed the Decision 3 dated )ebruar* 2+, 2012 and Reso!ution dated -a* 7, 2012 of the 'ationa! abor Re!ations Co//ission "'RC# in 'RC AC 'o. 0$ 0022+$11, and reinstated with /odifications the De cision( dated Ari! 2+, 2011 of the abor Arbiter "A# in 'RC Case 'o. RAB$$03$001$10$C, which found that resondent Antonio -. )arra!es ")arra!es# was i!!e4a!!* dis/issed b* 5ochen4 Phi!iines Cororation "5PC#. 6he fallo fallo of of the ae!!ate decision reads WHEREFORE, re/ises WHEREFORE, re/ises considered, the Decision of the abor Arbiter dated Ari! 2+, 2011 in 'RC Case 'o. RAB$$03$001$10$C is reinstated wit !"di#i$ati"ns. !"di#i$ati"ns. Private resondent 5ochen4 Phi!iines Cororation is !iab!e to a* 8)arra 8)arra!es9 !es9 the fo!!owin4 chanRob!esvir tua!aw!ibrar *
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"1# )u!! bac:wa4es fro/ date of dis/issa! on )ebruar* )ebruar* 1(, 2010 unti! date of decision e;uiva!ent to P27,.7< "2# &earation a* of one "1# "1# /onth sa!ar* er *ear of service for a eriod of twe!ve *ears e;uiva!ent to P22,00.00< "3# Ara Araisa! isa! *ear$end *ear$end bonus bonus in the su/ of of P11,000.00< P11,000.00< and, "# Attor Attorne*= ne*=s s fees e;uiva!ent e;uiva!ent to 10> of the tota! tota! award. SO ORDERED. Te Fa$ts )arra!es was first e/!o*ed b* 5PC on -a* 12, 1++ as Production Oerator, fo!!owed b* ro/otions as "1# )arra!es ead/an in 200, "2# Actin4 Assistant ?nit Chief in 2007, and "3# Assistant ?nit Chief of Production in 200, a suervisor* osition with a /onth!* sa!ar* of @17,00.00. 5e was a consistent reciient of citations for outstandin4 erfor/ance, as we!! as araisa! and *ear$end bonuses. 7 chanrob!esvir tua!!aw!ibrar*
On Dece/ber 2, 200+, a reort reached 5PC /ana4e/ent that a /otorc*c!e he!/et of an e/!o*ee, Re*/ar &o!as "Re*/ar#, was sto!en at the ar:in4 !ot within its re/ises on 'ove/ber 27, 200+. On Dece/ber 3, 200+, &ecurit* Officer )rancisco Para4as confir/ed a video se;uence recorded on c!osed$ circuit te!evision "CC6# around 300 ./. on 'ove/ber 27, 200+ showin4 )arra!es )arra!es ta:in4 the /issin4 he!/et fro/ a ar:ed /otorc*c!e, to wit chanRob!esvirt ua!aw!ibrar *
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At around around 307, 307, 8)arra 8)arra!es9 !es9 was seen seen wa!:in4 wa!:in4 towards towards the /otorc*c /otorc*c!e !e ar:in4 ar:in4 !ot<
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At around around 307, 307, 8)arra!es9 8)arra!es9 wa!:ed wa!:ed bac: towards towards the edestria edestrian n 4ate of the co/an*, co/an*, assin4 b* the /otorc*c!e ar:in4 !ot<
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At around around 30(1, 30(1, 8)arra 8)arra!es9 !es9 wa!:ed wa!:ed bac: towards towards the the /otorc*c!e /otorc*c!e ar:in4 ar:in4 !ot and returned returned to the edestrian 4ate< chanrob!es!aw
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At around around 30+10, 30+10, 8)arra 8)arra!es9 !es9 ca!!ed ca!!ed on the erson erson of And* oe4a oe4a and instruc instructed ted hi/ to 4et the he!/et he was ointin4 at< 8and9
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At around around 30+3 30+30, 0, And* And* 4ave 4ave the the he!/et he!/et to 8)a 8)arra! rra!es9. es9.
ater that da*, 5PC sent )arra!es a notice to e!ain his invo!ve/ent in the a!!e4ed theft. 6he investi4ation was suorted b* the e /!o*ees= union, ?O$5ochen4.+Be!ow is )arra!es= e!anation, as su//aried b* the CA On 'ove/ber 27, 200+, 8)arra!es9 borrowed a he!/et fro/ his co$wor:er ric ibutan "ricE# since the* reside in the sa/e barangay . 6he* a4reed that ric cou!d 4et it at the house of 8)arra!es9 or the !atter cou!d return it the net ti/e that the* wi!! see each other. ric to!d hi/ that his /otorc*c!e was b!ac: in co!or. As there were /an* /otorc*c!es with he!/ets, he as:ed another e/!o*ee, And* oe4a "And*E# who was in the ar:in4 area where he cou!d find ric=s he!/et. And* handed over to hi/ the suosed he!/et which he be!ieved to be owned b* ric, then he went ho/e. chanRob!esvir tua!aw!ibrar *
On 'ove/ber 2, 200+, at around o=c!oc: in the /ornin4, he saw ric at their barangay and to!d hi/ to 4et the he!/et. But ric was in a rush to 4o to wor:, he did not bother to 4et it. n the /ornin4 of Dece/ber 3, 200+, uon seein4 ric in the wor:!ace, 8)arra!es9 as:ed hi/ wh* he did not 4et the he!/et fro/ his house. ric to!d hi/ that, Hindi po sa akin yung nakuha nyong helmet .E 8)arra!es9 was shoc:ed and he i//ediate!* honed the 5PC=s 4uard to reort the situation that he /istoo: the he!/et which he thou4ht be!on4ed to ric. After severa! e/!o*ees were as:ed as to the ownershi of the he!/et, he fina!!* found the owner thereof, which is Fun Re*es=s "FunE# nehew, Re*/ar, who was with hi/ on 'ove/ber 27, 200+. 8)arra!es9 ro/t!* ao!o4ied to Fun and undertoo: to return the he!/et the fo!!owin4 da* and e!ained that it was an honest /ista:e. 6hese a!! haened in the /ornin4 of Dece/ber 3, 200+< 8)arra!es9 did not :now *et that 5PC wi!! send a !etter de/andin4 hi/ to e!ain. 10 A hearin4 was he!d on Dece/ber 10, 200+ at 100 ./. Present were )arra!es, ric ibutan "ric#, And* oe4a "And*#, Fun Re*es, Antonio A!inda, a witness, and Ro!ando %arciso, reresentin4 ?O$5ochen4. )ro/ And* it was !earned that at the ti/e of the a!!e4ed incident, he was a!read* seated on his /otorc*c!e and about to !eave the co/an* co/ound when )arra!es aroached and as:ed hi/ to hand to hi/ a *e!!ow he!/et han4in4 fro/ a /otorc*c!e ar:ed net to hi/. Ghen And* hesitated, )arra!es e!ained that he owned it, and so And* co/!ied. But ric had secifica!!* to!d )arra!es that his he!/et was co!ored red and b!ac: and his /otorc*c!e was a b!ac: 5onda HR-$12( with !ate nu/ber 7$D, ar:ed near the eri/eter fence awa* fro/ the wa!:wa* to the edestrian 4ate. 6he CC6 showed )arra!es instructin4 And* to fetch a *e!!ow he!/et fro/ a b!ue Rossi 110 /otorc*c!e with !ate nu/ber 3(3$D' ar:ed in the /idd!e of the ar:in4 !ot, oosite the !ocation 4iven b* ric. )arra!es in his defense c!ai/ed he cou!d no !on4er re/e/ber the detai!s of what transired that ti/e, nor cou!d he e!ain wh* he /issed ric=s secific directions.11 chanrob!esvirtu a!!aw!ibrar*
On )ebruar* 1(, 2010, the 5PC issued a 'otice of 6er/ination 12 to )arra!es dis/issin4 hi/ for vio!ation of Artic!e +, C!ass A, te/ 'o. 2+ of the 5PC Code of Disci!ine, which rovides that stea!in4 fro/ the co/an*, its e/!o*ees and officia!s, or fro/ its contractors, visitors or c!ients,E is a:in to serious misconduct and fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative, which are Iust causes for ter/ination of e/!o*/ent under Artic!e 22 of the abor Code. On -arch 2(, 2010, )arra!es fi!ed a co/!aint for i!!e4a! dis/issa!, non$a*/ent of araisa! and /id$*ear bonuses, service incentive !eave a* and 13th /onth a*. 5e a!so ra*ed for reinstate/ent, or in !ieu thereof, searation a* with fu!! bac:wa4es, !us /ora! and ee/!ar* da/a4es and attorne*=s fees. Durin4 the /andator* conference, 5PC aid )arra!es @10,+1.(1, reresentin4 his 13th /onth a* for the eriod o f Fanuar* to )ebruar* 2010 and vacation !eaveJsic: !eave conversion. )arra!es a4reed to waive his c!ai/ for incentive bonus. 13 chanrob!esvirtu a!!aw!ibrar*
On Ari! 2+, 2011, the A ru!ed in favor of )arra!es, 1 the fallo of which is as fo!!ows G5R)OR, PR-&& CO'&DRD, a!! the resondents 5ochen4 Phi!s. Cororation, nc. &a/ Chen849 and Fud* %ere4a!e are found 4ui!t* of i!!e4a! dis/issa! and ordered Ioint!* and severa!!* to a* co/!ainant the fo!!owin4 chanRob!esvirt ua!aw!ibrar*
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1. )u!! bac:wa4es fro/ date of dis/issa! on )ebruar* 1(, 2010 unti! date of decision e;uiva!ent to P27,.7. 2. &earation a* of one "1# /onth sa!ar* er *ear of service for a eriod of twe!ve *ears e;uiva!ent to P22,00.00. 3. Araisa! *ear$end bonus in the su/ of P11,000.00.
. -ora! da/a4es in the su/ of P200,000.00. (. e/!ar* da/a4es in the su/ of P100,000.00. . 10> of a!! su/s owin4 as attorne*=s fees or the a/ount of P1,2.7. &O ORDRD.1( On aea! b* 5PC, 1 the 'RC reversed the A, 17 and denied )arra!es= /otion for reconsideration, findin4 substantia! evidence of Iust cause to ter/inate )arra!es. 1 chanrob!esvir tua!!aw!ibrar*
On etition for certiorari to the CA, 1+ )arra!es sou4ht to refute the 'RC=s factua! findin4 that he co//itted theft, as we!! as to ;uestion 'RC=s Iurisdiction over 5PC=s aea! for non$a*/ent of aea! fees. But the CA found that 5PC was ab!e to erfect its aea! b* ostin4 a bond e;uiva!ent to the /onetar* award of @ +7,+3.37 and a*in4 the aea! fees b* osta! /one* order in the a/ount of @(20.00. 20 chanrob!esvirt ua!!aw!ibrar*
Concernin4 the substantive issues, the ae!!ate court a4reed with the A that )arra!es= act of ta:in4 Re*/ar=s he!/et did not a/ount to theft, ho!din4 that 5PC fai!ed to rove that )arra!es= conduct was induced b* a erverse and wron4fu! intent to 4ain, in !i4ht of the ad/ission of ric that he did !et )arra!es borrow one of his two he!/ets, on!* that )arra!es /istoo: Re*/ar=s he!/et as the one be!on4in4 to hi/. Petiti"n #"r Re%iew t" te S&'re!e C"&rt n this etition, 5PC raises the fo!!owin4 4rounds for this Court=s review A.
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65 5O'ORAB 8CA9 PA'K RRD A'D AC6D CO'6RARK 6O H&6'% AG A'D F?R&PR?D'C ' RR&'% 65 DC&O' O) 65 8'RC9 A'D DCAR'% %A 65 D&-&&A )OR 85PC=s9 A%D )A?R 6O PRO 65 H&6'C O) F?&6 CA?&. 1. 65R & &?B&6A'6A D'C 6O &5O G 65A6 8)ARRA&9 CO--66D 65)6 ' 85PC=s9 PR-&&. 2. 65)6 & A F?&6 CA?& )OR 6R-'A6O'. 3. BK CO--66'% 65)6, 8)ARRA&9, B'% A &?PR&ORA -POK, )OR)6D 65 6R?&6 RPO&D ' 5- BK 85PC9, 65?& R'DR'% 5D&-&&B )OR O&& O) CO')D'C.
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' DCAR'% %A 65 D&-&&A O) 8)ARRA&9, 65 5O'ORAB 8CA9 OA6D DOC6R'& AD DOG' BK 65 &?PR- CO?R6. 1. CO?R6& CA''O6 &?B&66?6 65R F?D%-'6 )OR 65A6 O) 65 -A'A%-'6. 2. CO?R6& -?&6 ACCORD D? R&PC6 6O 65 )'D'%& O) AD-'&6RA6 A%'C&.21
Chief!*, 5PC insists that since the co/!aint be!ow invo!ves an ad/inistrative case, on!* substantia! evidence, not roof of 4ui!t be*ond reasonab!e doubt, is re;uired to rove the 4ui!t of )arra!es< 22 that what the CA has done is substitute its Iud4/ent for that of the 'RC, which is vested with statutor* dut* to /a:e factua! deter/inations based on the evidence on record. 23 chanrob!esvirt ua!!aw!ibrar*
R&(in) "# te C"&rt 6he Court reso!ves to den* the etition. 6o va!id!* dis/iss an e/!o*ee, the !aw re;uires the e/!o*er to rove the eistence of an* of the va!id or
authoried causes, 2 which, as enu/erated in Artic!e 22 of the abor Code, are "a# serious /isconduct or wi!!fu! disobedience b* the e/!o*ee of the !awfu! orders of his e/!o*er or the !atter=s reresentative in connection with his wor:< "b# 4ross and habitua! ne4!ect b* the e/!o*ee of his duties< "c# fraud or wi!!fu! breach b* the e/!o*ee of the trust reosed in hi/ b* his e/!o*er or his du!* authoried reresentative< "d# co//ission of a cri/e or offense b* the e/!o*ee a4ainst the erson of his e/!o*er or an* i//ediate /e/ber of his fa/i!* or his du!* authoried reresentative< and "e# other causes ana!o4ous to the fore4oin4.2( As a suervisoria! e/! o*ee, )arra!es is ad/itted!* subIect to stricter ru!es of trust and confidence, and thus ursuant to its /ana4e/ent rero4ative 5PC enIo*s a wider !atitude of discretion to assess his continuin4 trustworthiness, than if he were an ordinar* ran:$and$fi!e e/!o*ee. 2 5PC therefore insists that on!* substantia! roof of )arra!es= 4ui!t for theft i s needed to estab!ish the Iust causes to dis/iss hi/, as the 'RC !en4thi!* asserted in its decision. Artic!e of the abor Code /andates that a!! doubts in the i/!e/entation and interretation of the rovisions thereof sha!! be reso!ved in favor of !abor. Consistent with the &tate=s avowed o!ic* to afford rotection to !abor, as Artic!e 3 of the abor Code and &ection 3, Artic!e H of the 1+7 Constitution have enunciated, articu!ar!* in re!ation to the wor:er=s securit* of tenure, the Court he!d that 8t9o be !awfu!, the cause for ter/ination /ust be a serious and 4rave /a!feasance to Iustif* the derivation of a /eans of !ive!ihood. 6his is /ere!* in :eein4 with the sirit of our Constitution and !aws which !ean over bac:wards in favor of the wor:in4 c!ass, and /andate that ever* doubt /ust be reso!ved in their favor.E 27 -oreover, the ena!t* i/osed on the errin4 e/!o*ee ou4ht to be roortionate to the offense, taking into account its nature and surrounding circumstances . 6he Court has a!wa*s ta:en care, therefore, that the e/!o*er does not invo:e an* base!ess Iustification, /uch !ess /ana4e/ent rero4ative, as a subterfu4e b* which to rid hi/se!f of an undesirab!e wor:er,2 and thus in ecetiona! cases the Court has never hesitated to de!ve into the 'RC=s factua! conc!usions where evidence was found insufficient to suort the/, or too /uch was deduced fro/ the bare facts sub/itted b* the arties, or the A and the 'RC ca/e u with conf!ictin4 ositions, as is true in this case. 2+ chanrob!esvirt ua!!aw!ibrar*
As at!* ointed out b* the A, whi!e 5PC has the onus probandi that the ta:in4 of Re*/ar=s he!/et b* )arra!es was with intent to 4ain, it fai!ed to dischar4e this burden, as shown b* the fo!!owin4 circu/stances )arra!es sou4ht and obtained the er/ission of ric, his co$e/!o*ee as we!! as barangay co$resident, to borrow his he!/et< at the ar:in4 !ot, )arra!es as:ed another e/!o*ee, And*, to fetch a *e!!ow he!/et fro/ one of the ar:ed /otorc*c!es, /ista:en!* thin:in4 it be!on4ed to ric "who/ he :new owned two he!/ets#< the fo!!owin4 da*, 'ove/ber 2, )arra!es as:ed ric wh* he had not droed b* his house to 4et his he!/et, and ric re!ied that )arra!es 4ot the wron4 he!/et because he sti!! had his other he!/et with hi/< )arra!es i//ediate!* sou4ht the he! of the co/an* 4uards to !ocate the owner of the *e!!ow he!/et, who turned out to be Re*/ar< )arra!es ao!o4ied to Re*/ar for his /ista:e, and his ao!o4* was ro/t!* acceted.30 A!! these circu/stances be!ie 5PC=s c!ai/ that )arra!es too: Re*/ar=s he!/et with intent to 4ain, the A said. n ru!in4 that )arra!es= dis/issa! b* 5PC was attended with ut/ost /a!ice and bad faith as to Iustif* an award of /ora! and ee/!ar* da/a4es and attorne*=s fees, the A stated that 8i9 t is succinct!* c!ear that 8the9 resondents 8therein9 tried to b!ow out of roortions the indiscretion of 8)arra!es9 for reasons :nown on!* to the/,E and /oreover, 8f9indin4 that the dis/issa! on the 4round of theft is unavai!in4, 8the9 resondents 8therein9 i//ediate!* offered 8)arra!es9 his for/er osition when he fi!ed 8his9 co/!aint. Ghat does this act of 8the9 resondents 8therein9 sea: 8of9@E 31 chanrob!esvir tua!!aw!ibrar*
On the other hand, the 'RC found that )arra!es !ied, first , when he to!d And*, then a!read* astride his /otorbi:e at the ar:in4 area and about to !eave the co/an* re/ises, that the *e!!ow he!/et be!on4ed to hi/,32 and second , when he c!ai/ed that ric was his nei4hbor, a!thou4h the* were not. t ru!ed as do ubtfu! )arra!es= ha* reco!!ection about what haened that afternoon at the ar:in4 !ot, since he cou!d not even 4ive a descrition of the /otorc*c!e fro/ which he too: the *e!!ow he!/et. 6hese circu/stances, the 'RC deter/ined, co/rise substantia! roof be!*in4 )arra!es= c!ai/ of 4ood faith. As a suervisor* e/!o*ee, he he!d a osition of hi4h resonsibi!it* in the co/an* /a:in4 hi/ accountab!e to stricter ru!es of trust and confidence than an ordinar* e/!o*ee, and under Artic!e 22 of the abor Code, he is 4ui!t* of a serious /isconduct and a wi!!fu! breach of trust. 6he 'RC went on to cite a sett!ed o!ic* that in tr*in4 to rotect the ri4hts of !abor, the !aw do es not authorie the oression or se!f$destruction of the e/!o*er. -ana4e/ent a!so has its own ri4hts, which as such, are entit!ed to resect and enforce/ent in the interest of si/!e fair !a*.33 chanrob!esvir tua!!aw!ibrar*
But the Court a4rees with the CA that )arra!es co//itted no serious or wi!!fu! /isconduct or disobedience to warrant his dis/issa!. t is not disuted that )arra!es !ost no ti/e in returnin4 the he!/et to Re*/ar the
/o/ent he was arised of his /ista:e b* ric, which roves, accordin4 to the CA, that he was not ossessed of a deravit* of conduct as wou!d Iustif* 5PC=s c!ai/ed !oss of trust in hi/. )arra!es i//ediate!* ad/itted his error to the co/an* 4uard and sou4ht he! to find the owner of the *e!!ow he!/et, and this, the ae!!ate court said, on!* shows that )arra!es did indeed /ista:en!* thin: that the he!/et he too: be!on4ed to ric. t is not, then, difficu!t to sur/ise that when )arra!es to!d And* that the *e!!ow he!/et was his, his intent was not to ut u a retence of ownershi over it and thus betra* his intent to 4ain, as the 'RC he!d, but rather si/!* to assua4e And*=s re!uctance to heed his assin4 re;uest to reach for the he!/et fo r hi/< And*, it wi!! be reca!!ed, was at that /o/ent a!read* seated in his /otorbi:e and about to drive out when )arra!es /ade his re;uest. As to )arra!es= c!ai/ that he and ric were nei4hbors, suffice it to sa* that as the CA noted, the* resided in the sa/e barangay , and thus, ! oose!*, were nei4hbors. 6he CA a!so ointed out that a!thou4h the a!!e4ed theft occurred within its re/ises, 5PC was not reIudiced in an* wa* b* )arra!es= conduct since the he!/et did not be!on4 to it but to Re*/ar. n !i4ht of Artic!e +, C!ass A, te/ 'o. 2+ of the 5PC Code of Disci!ine, this observation /a* be irre!evant, a!thou4h it /a* be that the A re4arded it as rovin4 5PC=s bad faith. 6heft co//itted b* an e /!o*ee a4ainst a erson other than his e/!o*er, if roven b* substantia! evidence, is a cause ana!o4ous to serious /isconduct. 3 -isconduct is i/roer or wron4 conduct, it is the trans4ression of so/e estab!ished and definite ru!e of action, a forbidden act, a dere!iction of dut*, wi!!fu! in character, and i/!ies wron4fu! intent and not /ere error in Iud4/ent. 6he /isconduct to be serious /ust be of such 4rave and a44ravated character and not /ere!* trivia! or uni/ortant. &uch /isconduct, however serious, /ust, neverthe!ess, be in connection with the e/!o*ee=s wor: to constitute Iust cause for his searation.3( chanrob!esvir tua!!aw!ibrar *
But where there is no showin4 of a c!ear, va!id and !e4a! cause for ter/ination of e/!o*/ent, the !aw considers the case a /atter of i!!e4a! dis/issa!. 3 f doubts eist between the evidence resented b* the e/!o*er and that of the e/!o*ee, the sca!es of Iustice /ust be ti!ted i n favor of the !atter. 6he e/!o*er /ust affir/ative!* show rationa!!* ade;uate evidence that the dis/issa! was for a Iustifiab!e cause. 37 chanrob!esvir tua!!aw!ibrar*
'onethe!ess, the Court a4rees with the CA=s dis/issa! of the award of /ora! and ee/!ar* da/a4es for !ac: of /erit. 6here is no satisfactor* roof that the concerned officers of 5PC acted in bad faith or with /a!ice in ter/inatin4 )arra!es. 'otwithstandin4 the A=s assertion to this effect, )arra!es= bare a!!e4ations o f bad faith deserve no credence, and neither is the /ere fact that he was i!!e4a!!* dis/issed sufficient to rove bad faith on the art of 5PC=s officers. 3 But concernin4 the award of attorne*=s fees, )arra!es was dis/issed for a f!i/s* char4e, and he was co/e!!ed to !iti4ate to secure what is due hi/ which 5PC unIustifiab!* withhe!d. WHEREFORE, re/ises considered, the etition for review is DENIED. SO ORDERED.
