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King of Kings Transport, Inc. vs. Mamac
King of Kings Transport, Inc. vs. Mamac
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G.R. No. 166208. June 29, 2007.
Labor Law; Due Process; Due Process under the Labor Code
involves two aspects: first, substantive·the valid and authorized
causes of termination of employment under the Labor Code, and
second, procedural·the manner of dismissal.·Due process under
the Labor Code involves two aspects: first, substantive·the valid
and authorized causes of termination of employment under the
Labor Code; and second, procedural·the manner of dismissal. In
the present case, the CA affirmed the findings of the labor arbiter
and the NLRC that the termination of employment of respondent
was based on a „just cause.‰ This ruling is not at issue in this case.
The question to be determined is whether the procedural
requirements were complied with.
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* SECOND DIVISION.
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The Facts
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3 Id., at p. 102.
4 Id., at pp. 100-101.
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Affirming the NLRC, the CA held that there was just cause
for respondentÊs dismissal. It ruled that respondentÊs act in
„declaring sold tickets as returned tickets x x x constituted
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fraud or acts of dishonesty justifying his dismissal.‰
Also, the appellate court sustained the finding that
petitioners failed to comply with the required procedural
due process prior to respondentÊs termination.
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However,
following the doctrine in Serrano v. NLRC, it modified the
award of PhP 10,000 as indemnification by awarding full
backwages from the time respondentÊs employment was
terminated until finality of the decision.
Moreover, the CA held that respondent is entitled to the
13th-month pay benefit.
Hence, we have this petition.
The Issues
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8 Id., at p. 152.
9 Id., at p. 67.
10 G.R. No. 117040, January 27, 2000, 323 SCRA 445.
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16 Rollo, p. 212.
17 Id., at p. 215.
18 G.R. No. 101900, June 23, 1992, 210 SCRA 277.
19 G.R. No. 138956, August 7, 2003, 408 SCRA 478.
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On the other hand, in his Complaint, respondent
admitted that he was paid on commission25
only. Moreover,
this fact is supported by his pay slips which indicated the
varying amount of commissions he was receiving each trip.
Thus, he was excluded from receiving the 13th-month pay
benefit.
WHEREFORE, the petition is PARTLY GRANTED and
the September 16, 2004 Decision of the CA is MODIFIED
by deleting the award of backwages and 13th-month pay.
Instead, petitioner KKTI is ordered to indemnify
respondent the amount of thirty thousand pesos
(PhP30,000) as nominal damages for failure to comply with
the due process requirements in terminating the
employment of respondent.
No costs.
SO ORDERED.
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