Thursday, May 5, 2016

Case Title: Naguit vs. San Miguel Corporation

CESAR NAGUIT vs. SAN MIGUEL CORPORATION
G.R. No. 188839 22 June 2015
Peralta, J.

Facts:

Petitioner was an employee of San Miguel Corporation Metal Closure and Lithography Plant, a division of Respondent Corporation (SMC). Sometime in 23 September 2002, Renato Regala and Petitioner got involved in an altercation in Respondent Corporation’s Canlubang Plant. Petitioner claims that the altercation sprung from an event when Regala distributed libellous materials against the union which Petitioner is a union steward. Upon investigation of the Respondent Company’s Human Resource Department, petitioner chose to remain silent and did not address the charges against him. He was later terminated.

LA: The Labor Arbiter dismissed Petitioner’s complaint for illegal dismissal for lack of merit.

NLRC: The NLRC dismissed the Petitioner’s appeal and affirmed the Decision of the Labor Arbiter.

ISSUE: 

Whether or not Petitioner had been illegally dismissed and is entitled to reinstatement and full back wages.

RULING:


NO. As noted by the Labor Arbiter, other than his bare allegations, petitioner did not submit proof to support his allegations nor did he provide evidence to counter those which were submitted by respondent. The Supreme Court did not agree with petitioner's argument that the penalty of dismissal imposed upon him is too harsh and is not commensurate to the infraction he has committed, considering that he has been in respondent's employ for fifteen years and that this is just his first offense of this nature. The settled rule is that fighting within company premises is a valid ground for the dismissal of an employee. Moreover, the act of assaulting another employee is serious misconduct which justifies the termination of employment. Where the totality of the evidence was sufficient to warrant the dismissal of the employees, the law warrants their dismissal without making any distinction between a first offender and a habitual delinquent.

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