Gustilo v. Wyeth Philippines

SANDOVAL-GUTIERREZ, J.:

At bar is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended, assailing the Decision1 dated January 24, 2001 and Resolution2 dated August 10, 2001 rendered by the Court of Appeals in CA-G.R. SP No. 57545, entitled "Wyeth Phils., Inc. and/or Filemon Verzano, Jr., Aurelio Mercado and Edgar Epilepsia vs. National Labor Relations Commission (Fourth Division) and Alan Gustilo." The facts as borne by the records are: On November 7, 1990, Alan D. Gustilo, petitioner ,respondent company , as a pharmaceutical territory manager. Eventually, he was placed in charge of its various branches in Metro Bacolod City and Negros Occidental.

To ensure a profitable sale of its pharmaceutical products, he performed various functions, such as visiting hospitals, pharmacies, drugstores and physicians concerned; preparing and submitting his pre-dated itinerary; and submitting periodic reports of his daily call visits, monthly itinerary, and weekly locator and incurred expenses. Petitioner's employment records show that respondent company, on various dates, reprimanded and suspended him for habitually neglecting to submit his periodic reports. On November 28, 1994, respondent company sent petitioner a notice reprimanding him for submitting late his weekly expense report.

Again, on July 5, 1995, he was late in submitting the same report, prompting respondent company to suspend him for five (5) days. Still, petitioner repeatedly incurred delay in submitting his daily call reports dated October 16-20, 1995, October 23-27, 1995, November 6-10, 1995, and November 13-17, 1995. He did not submit his daily call reports for the period from November 20 to 24, 1995.

As a consequence, respondent company sent petitioner another notice suspending him for fifteen (15) days or from January 2 to 22, 1996. Meantime, respondent company, after integrating its pharmaceutical products with Lederle , a sister company, conducted a nationwide on-the-job training of sales personnel. With this development, petitioner was assigned in charge of promoting four (4) Lederle pharmaceutical products.

Subsequently, petitioner submitted to respondent company a plan of action dated February 6, 1996 where he committed to make an average of 18 daily calls to physicians; submit promptly all periodic reports; and ensure 95% territory program performance for every cycle. However, petitioner failed to achieve the above objectives, prompting respondent company to send him two (2) separate notices dated February 20, 1996 and April 10, 1996, charging him with willful violation of company rules and regulations and directing him to submit a written explanation. In his explanation, petitioner stated that he was overworked and an object of reprisal by his immediate supervisor.

On May 22, 1996, upon recommendation of a Review Panel, respondent company terminated the services of petitioner. Aggrieved, petitioner, on June 21, 1996, filed with the Regional Arbitration Branch No. VI at Bacolod City a complaint against respondent company for illegal suspension, illegal dismissal and payment of allowances, other monetary benefits, damages and attorney's fees, docketed as RAB Case No. 06-10267-96. Impleaded also as party respondents were Filemon Verzano, Jr., petitioner's immediate supervisor, and Aurelio Mercado and Edgar Epilepsia, corporate officers of respondent company.

On March 5, 1998, the Labor Arbiter rendered a Decision holding that petitioner was illegally dismissed from employment and ordering respondents company and Verzano, jointly and severally, to pay him ₱991,157.90 representing his backwages, separation pay, car reimbursement, damages and attorney's fees. The dispositive portion of the Decision reads: "

WHEREFORE, premises considered, judgment is hereby rendered against respondent company WYETH PHILS., INC. and respondent FILEMON VERZANO, JR., ordering them to pay jointly and severally, complainant ALAN D. GUSTILO, the following: 1. Backwages ………………………. ₱ 676,162.64 2. Separation pay ……………………. 106,890.00 3. Car reimbursement ………………. 68,000.00 4. Moral damages ……………………. 25,000.00 5. Exemplary damages ……………. 25,000.00 6. Attorney's fees ……………………. 90,105.26 Grand Total …………………………….