Agapito v. Aeroplus Multi-Services

LAZARO-JAVIER, J.:

The Case This Petition for Review on Certiorari1 seeks to reverse the following dispositions of the Court of Appeals in CA-G.R. SP No. 147411: 1) Decision2 dated March 14, 2019 affirming the ruling of the National Labor Relations Commission that petitioner was not illegally dismissed by Aeroplus Multi-Services, Inc.; and 2) Resolution3 dated July 9, 2019 denying petitioner's motion for reconsideration. Antecedents Respondent Aeroplus Multi-Services, Inc. (Aeroplus) is engaged in janitorial and manpower services.4 It hired petitioner Marlon Butial Agapito in February 2004 as a housekeeper with a daily wage of ₱466.00 less ₱200.00 a month as cash bond.5 On December 30, 2014, Aeroplus conducted a meeting with its employees. During the open forum, petitioner asked his immediate supervisor George Constantino (Constantino), "Bakit po naman unfair ang treatment niyo sa amin.

Bakit yung iba hindi niyo pinagagawa ng explanation gayong kapag kami ang na late kahit 30mins, pinagagawa niyo pa." Constantino retorted - "Naninilip ka bang kasamahan mo? Ikaw nga eh hindi mo inaayos ang trabaho mo!

Masyado kang ma-reklamo, kung ayaw niyo ang patakaran ko lumayas ka dito!" petitioner explained that he was merely raising a valid concern.6 On January 5, 2015, petitioner reported the incident to Aeroplus' personnel office. Constantino, however, found out about it and gave him a letter memorandum for insubordination.

On February 13, 2015, Aeroplus suspended him until March 3, 2015.7 Thereafter, on March 3, 2015, petitioner reported for work, only to be told by Aeroplus' OIC-Personnel Darrel Mendoza (Mendoza), "Wala na tiwala sayo ang Management kaya tanggal ka na!" When asked to explain, Mendoza merely responded, "Basta tanggal ka na!" and ordered him to get out of the office.8 Consequently, petitioner filed with the National Labor Relations Commission (NLRC) a complaint for illegal dismissal, illegal suspension, and money claims, entitled Marlon Butial Agapito v. Aeroplus Multi-Services, Inc., Mitzi Therese P. De Guzman docketed as NLRC Case No. NCR-0404098-15.9 Proceedings before the Labor Arbiter In his position paper,10 petitioner essentially alleged: (1) He was initially suspended and subsequently dismissed without just cause and due process; (2) Aeroplus did not have any grounds to terminate him under Article 28211 of the Labor Code, much less, suspend him; (3) Aeroplus did not comply with the twin notice requirement for a valid dismissal; and (4) He is entitled to separation pay under Article 27912 of the Labor Code, 13th Month Pay, Service Incentive Leave, Reimbursement of Cash Bond, Attorney's Fees, Moral and Exemplary Damages.

In its position paper,13 Aeroplus riposted: (1) Petitioner's complaint is factually baseless; (2) Petitioner continuously violated company policies without any sign of improvement. He had a long history of absences14 and insubordination resulting in loss of trust and confidence; (3) It never issued a written notice of termination or suspension, but only a notice of violation with warning that a repetition thereof will be dealt with more severely; (4) His claims for Separation Pay and other monetary benefits were baseless. Petitioner filed his reply15 to the position paper of Aeroplus, reiterating the arguments in his position paper.

The Ruling of the Labor Arbiter By Decision16 dated February 5, 2016, Labor Arbiter Celso Virgilio C. Ylagan IV found Aeroplus liable for illegal dismissal and total monetary obligation of P454,889.16, viz.:17

WHEREFORE , premises considered, judgment is hereby rendered finding the complainant to have been ILLEGALLY DISMISSED. Accordingly, respondent Aeroplus Multi-Services, Inc. is liable to pay the complainant the following: (a) Backwages computed from March 4, 2015 up to the actual payment of his separation pay; (b) Separation pay, in lieu of reinstatement, equivalent to one (1) month pay for every year of service computed from February 2004 up to March 3, 2015; (c) Service incentive leave pay and 13th month pay reckoned three (3) years back from March 3, 2015; (d) Cash bond in the amount of Php200.00 a month computed from February 2004 to February 2015; (e) Moral and exemplary damages in the amount of Php20,000.00 each; and (f) Attorney's fees equivalent to ten percent (10%) of his total monetary award. the computation of which is hereto attached forming part of the records. SO ORDERED.18 The monetary benefits of P454,889.16 were computed, viz.:19 1) Backwages 3/4/15 - 4/3/15 = 29 days ₱466 x 29 days = ₱13,514.00 4/4/15-2/4/16 = 12.10 mos. ₱481.00 x 26 x 12.10 = 151,322.60 2) Separation Pay ₱481 x 26 x 11 = 137,566.00 3) SILP ₱481 x 5 x 3 = 7,215.00 4) 13th month pay ₱481 x 26 x 3 = 37,518.00 5) Cash Bond ₱200 x 12 x 11 = 26,400.00 6) Moral Damages = 20,000.00 7) Exemplary Damages = 20,000.00