GLOBE-MACKAY V NLRC

GR NO 82511, MARCH 2, 1992

FACTS:
Private Respondent, "Imelda
Salazar" was employed as
general systems analyst of
Globe-Mackay Cable and
Radio Corp. (GMRC) While
Delfin Saldivar, her close
friend, was employed as
technical operations' support
manager in May 1982.

Petitioner GMRC investigated

Saldivar's activities due to the
reports indicating that the
company equipment and spare
parts were in custody of
Saldivar. The internal audit
report also indicated that
Saldivar entered into a
partnership with Richard A.
Yambao, owner and manager
of Eledon Engineering
Services (Elecon), a supplier
often recommended by
Saldivar to the petitioner. It
also appeared in the course of
Maramara's investigation that
Imelda Salazar violated
company regulations by
involving herself in
transactions with conflict of
interest with the company.
Evidence showed that she
signed as a witness to the
articles of partnership
between Yambao and Saldivar,
and that she had full
knowledge of the loss and
whereabouts of the missing air
conditioner but she failed to
inform her employer.

The Company placed Salazar

under 1 month preventive
suspension, allowing her 30
days within which to explain
her side. However, Salazar
instead filed a complaint
against petitioner for illegal
suspension, which was later
modified to illegal dismissal.
The Labor arbiter ordered the
company to reinstate Salazar
to her former and equivalent
position and to pay her full
back wages and benefits, plus
moral damages. National
Labor Relations Commission
(NLRC) affirmed the labor
arbiter's decision but limited
back wages for only two years
and deleted the award of
moral damages.

ISSUE:
WON she is illegally dismissed
based on the Labor Code and
Constitutional guarantee

HELD:
Yes, she was illegally
dismissed.

The Court pointed out Art

279 of the Labor Code,
which talks about the
Security of tenure for
regular employees which
states that:

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
allowances, and to his other
benefits or their monetary
equivalent 
 
Corollary to it is the
Implementing Rules and
Regulations of the Labor
Code (IRR) stating that
employer cannot terminate
regular employees without
just cause or authorized by
laws and if such employed
get illegally dismissed, he
or she will be entitled to be
back in his/her position or
be reinstated without loss
of seniority rights plus
back wages.
The priority is clearly leaned
towards the employee or to
labor. The Court pointed out
the opening paragraph on
Labor and the 1973
Constitution on Article 2 which
enshrines "full protection” to
labor. In the 1986 ConCom,
they have designed Social
Justice an Human rights to
reduce social, economic and
political inequalities. Court
held that the Labor Code is
clear and unambiguous.

Under statcon, if the law is

clear, plain and free from
ambiguity, it
must be applied literally
[Verba Legis]