Reyes v. Maxim’S Tea House

QUISUMBING, J.:

This is a petition for review of the decision1 of the Court of Appeals, dated November 22, 1999 in CA-G.R. SP No. 54110, setting aside the decision2 of the Third Division, National Labor Relations Commission (NLRC) dated March 11, 1999, in NLRC CA No. 017339-98. In NLRC NCR Case No. 00-12-08773-97, the NLRC vacated the Labor Arbiter's decision and ordered herein respondent Maxim's Tea House to reinstate petitioner Ariel Tres Reyes to his former position or, should reinstatement no longer prove feasible, to pay Tres Reyes his separation pay and backwages. The facts of this case, as found by the NLRC and affirmed by the Court of Appeals, are as follows: Respondent Maxim's Tea House (hereinafter Maxim's for brevity) had employed Ariel Tres Reyes as a driver since October 1995.

He was assigned to its M.H. del Pilar Street, Ermita, Manila branch. His working hours were from 5:00 P.M. to 3:00 A.M., and among his duties was to fetch and bring to their respective homes the employees of Maxim's after the restaurant closed for the day. In the wee hours of the morning of September 27, 1997, petitioner was driving a Mitsubishi L300 van and was sent to fetch some employees of Savannah Moon, a ballroom dancing establishment in Libis, Quezon City.

Petitioner complied and took his usual route along Julia Vargas Street in Pasig City. He was headed towards Meralco Avenue at a cruising speed of 50 to 60 kilometers per hour, when he noticed a ten-wheeler truck coming his way at full speed despite the fact that the latter's lane had a red signal light on. Petitioner maneuvered to avoid a collision, but nonetheless the van he was driving struck the truck.

As a result, petitioner and seven of his passengers sustained physical injuries and both vehicles were damaged. On October 15, 1997, the management of Maxim's required petitioner to submit, within forty-eight hours, a written explanation as to what happened that early morning of September 27, 1997. He complied but his employer found his explanation unsatisfactory and as a result he was preventively suspended for thirty (30) days, effective October 20, 1997.

On November 19, 1997, Maxim's terminated petitioner for cause. Feeling that the vehicular accident was neither a just nor a valid cause for the severance of his employment, petitioner filed a complaint3 for illegal dismissal docketed as NLRC NCR Case No. 00-12-08773-97. On July 20, 1998, the Labor Arbiter decided NLRC NCR Case No. 00-12-08773-97 as follows:

WHEREFORE, as we sustain the validity of the dismissal of complainant Ariel A. Tres Reyes, we order respondent Maxim (sic) Tea House to pay him the following amount(s): Financial assistance (210 x 26 days) P5,460.00 13th month pay for 1997 (P210 x 28 days) x 11.6 months over 12) P5,278.00 Service incentive leave pay (P210 x 5 days) 1,050.00 TOTAL AWARD