GLOBE-MACKAY CABLE AND RADIO CORPORATION, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and IMELDA SALAZAR, respondents; G.R. No. 82511 March 3, 1992

TOPIC:

VERBA LEGIS - when the law is clear, apply it. 

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

GIST:

RATIONALE:

Under the principles of statutory construction, if a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. This plain-meaning rule or verba legis derived from the maxim index animi sermo est (speech is the index of intention) rests on the valid presumption that the words employed by, the legislature in a statute correctly express its intent or will and preclude the court from construing it differently.

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FACTS:

1. Imelda Salazar, general systems analyst, was cohabiting with Delfin Saldivar, manager for technical operations' support; both employed by petitioner Globe-Mackay Cable and Radio (GMCR) Corporation.

2. Salazar was placed on preventive suspension for 1 month effective 09 October 1984 when GMCR found an alleged illegal partnership entered into by Saldivar and Mr. Yambo, owner and manager of Elecon Engineering Services. 

3. Salazar signed as a witness to that agreement. Thus, she was placed on preventive suspension but 3days later, instead of submitting her explanation, Salazar filed a complaint for illegal suspension.

4. 08 November 1984, she was notified in writing that she was considered "dismissed" for her inability to disprove the said findings. Thus she amended her complaint and included illegal dismissal, vacation and sick leave benefits, 13 month pay and damages. 

5. 16 July 1985, Labor Artbiter favored her and ordered GMCR to reinstate her to her former or equivalent position, pay he backwages, and P50,000.00 for moral damages. 

6. Hence, GMRC assailed Labor Tribunal's decision. 

ISSUE:

W/N Labor Tribunal committed grave abuse of discretion in holding that private respondent's dismissal was illegal & in ordering her reinstatement w/ 2 yrs backwages. 

RULING:

NO. The dismissal was illegal and Salazar should be reinstated. 

According to Art. 327 of the Labor Code, "an employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowance and other monetary benefits until his reinstatement.

Also, the IRR of Labor Code states:

Sec. 2. Security of Tenure. — In cases of regular employments, the employer shall not terminate the services of an employee except for a just cause as provided in the Labor Code or when authorized by existing laws. 

Sec. 3. Reinstatement. — An employee who is unjustly dismissed from work shall by entitled to reinstatement without loss of seniority rights and to backwages.

Salazar's dismissal was solely based on Mr. Maramara's report, an allegation of thievery and anomalous transactions of Saldivar as support manager. Such report just hinted that Salazar might have had direct knowledge of Saldivar's questionable activities due to their cohabitation.  However, the report only came after Saldivar's resignation; his side to refute the findings was not considered and the report was one-sided. 

Although the dismissal was predicated on loss of confidence, it has not been proved that the position of private respondent as systems analyst is one that may be characterized as a position of trust and confidence such that if reinstated, it may well lead to strained relations between employer and employee. Hence, this does not constitute an exception to the general rule mandating reinstatement for an employee who has been unlawfully dismissed.

Thus, since the report did not include Saldivar's view, Salazar couldn't be held answerable. 

SC Decision:

NLRC's decision is affirmed. Petitioner GMCR is ordered to REINSTATE private respondent Imelda Salazar and to pay her backwages equivalent to her salary for a period of two (2) years only.

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