Raza v. Daikoku Electronics Phils

PERALTA, J.:

Before the Court is a petition for review on certiorari assailing the Court of Appeals' Decision1 dated December 22, 2008 and Resolution2 dated April 14, 2009 which upheld the finding of the National Labor Relations Commission (NLRC) in its Resolutions dated May 31, 2006 and July 31, 2006 that petitioner was validly dismissed by respondents. The facts of the case follow. Petitioner Alberto J. Raza (Raza) was hired as a driver by respondent Daikoku Electronics Phils., Inc. (Daikoku) on January 11, 1999.

Eventually, he was assigned to drive for the other respondent, the company president Mamoru Ono (Ono). Raza claims that his working days and hours depended on Ono's schedule and needs, so it was not unusual for him to be ordered to work from very early in the morning up to past midnight of any day, including Sundays.3 On the evening of July 21, 2003, Raza dropped Ono off at the latter's residence called the Pacific Plaza Condominium in Makati City. But Raza, instead of parking the company vehicle at the condominium building's parking area, drove the vehicle to his home and parked it there overnight.

The next morning, as Raza was about to fetch Ono, the latter confronted him and asked why the vehicle was not at the condominium parking lot. Raza replied with a lie, telling Ono that he parked the car at the condominium building but in the wrong slot. Three (3) days later, on July 24, 2003, Raza was served a company Notice of Violation of the Code of Conduct for Dishonesty.

On July 25, 2003, Raza submitted his written explanation wherein he admitted bringing the car to his home without permission and lying about it to Ono.4 He apologized for these infractions but he also indicated that he was previously told by Ono that he could use the car if he needed to.5 The company's Investigation Committee conducted a hearing wherein Raza again admitted bringing the car home and lying about it to Ono, but Raza reiterated that there were previous occasions when Ono authorized him to bring the vehicle home.6 The Committee then recommended the suspension of Raza for twelve (12) days without pay for the offenses of parking the company vehicle at home without authority and for lying about it.7 However, disregarding such recommendation, the company's General Affairs Manager Gerardo Gaytano sent a letter dated August 7, 2003 terminating Raza's services for dishonesty.8 Respondents explain that the harsher punishment was imposed because at the meeting of the board of directors, Ono denied permitting Raza to use the company car and even presented a report from the Pacific Plaza Security Office stating that from May 1, 2003 to July 20, 2003, Raza did not park the company car at the said building for a total of thirty-one (31) instances, all without authority nor permission.9 Thus, Raza filed his Complaint for illegal dismissal with claims for damages and attorney's fees.

On January 15, 2005, Labor Arbiter Lita V. Alibut rendered a Decision10 in favor of Raza as complainant. In NLRC Case No. RAB-IV-9-18127-03-L, the said officer ruled as follows:

WHEREFORE, finding the complainant's dismissal unlawful, respondents are hereby directed to reinstate complainant to his former position without loss of seniority rights and other benefits and (are) further ordered solidarily to pay complainant backwages from the time of his dismissal up to actual reinstatement minus the salary corresponding to the suspension period of twelve days plus 10% of the total award for attorney's fees computed as follows: FULL BACKWAGES: A. Basic pay From 8/14/03 to 1/14/05 ₱12,000 x 17.03 = ₱204,360.00 B. 13th month pay ₱204,360 ÷ 12 = 17,030.00 C. Service Incentive Leave Pay ₱12,000 ÷ 30 x 5 days x 17.03 ÷ 12 = 2,838.33