[CONSTITUTIONAL AND STATUTORY BASIS] Issues/Ruling:

GANDARA VS. NLRC, 300 SCRA 702 (1998) G.R NO. 126703 W/N the NLRC acted with grave abuse of discretion in dismissing the appeal –
Dec 29, 1998 | PURISIMA, J. NO, Sy was afforded a chance to show that Germano was not illegally dismissed, but
failed to discharge its burden of proof.
Petitioner/s: GANDARA MILL SUPPLY and MILAGROS SY  Sy was not denied the right to be heard.
Respondents: THE NATIONAL LABOR RELATIONS COMMISSION AND o Sy’s bare allegation that it was denied the right to be heard is
SILVESTRE GERMANO negated by the Labor Arbiter's extension of much leniency to
petitioner by allowing the latter to submit a position paper on April
Doctrine: "The Social Justice policy mandates a compassionate attitude toward the 28, 1995, then on May 5, 1995, and finally, seven (7) days from
working class in its relation to management. In calling for the protection to labor, the receipt of the Order dated May 9, 1995. Generally, reglementary
Constitution does not condone wrongdoing by the employee, it nevertheless urges a periods are strictly observed to the end that orderly administration
moderation of the sanctions that may be applied to him in the light of the many of justice be safeguarded. In the case under consideration, the
disadvantages that weigh heavily on him like an albatross on his neck." public respondent had been quite liberal in observing and enforcing
the rules. Consequently, petitioner's protestation of denial of
Facts: opportunity to be heard is barren of any factual basis.
 Germano was an employee of Gandara Mill Supply, owned by Milagros Sy. o Neither can grave error be ascribed to NLRC for handing down its
 Gandara Mill Supply is a small business with two employees doing manual decision without petitioner's Position Paper. By its inaction, Sy was
work, one of them being Germano. properly considered to have waived or forfeited the right to refute
 From Feb 6 1995 to Feb 11 1995 Germano did not report to work. private respondent's stance. Indeed, petitioner cannot now be
o His wife was about to deliver their baby. permitted to belatedly complain of a denial of due process.
o His wife gave birth on Feb 12. o That Sy was not represented by a lawyer in all the aforesaid
o Sy extended financial assistance to the couple at the same time. proceedings was solely attributable to its own negligence or
 Sy avers that Germano’s absence, without informing him, resulted in untold inattention to the case.
difficulties in its operation, being left with only one worker.  Germano was illegally dismissed.
 Germano returned to work two weeks after and was personally told by Sy o While a prolonged absence without leave may constitute as a just
that another person has been hired to take his place, and that he may be re- cause of dismissal, its illegality stems from the non-observance of
admitted in June 1996. due process. Applying the WenPhil Doctrine by analogy, where
 Germano instituted an illegal dismissal complaint with the DOLE on Feb 27, dismissal was not preceded by the twin requirement of notice and
1995. Germano refused PhP 5,000 offered by Sy “to buy peace.” hearing, the legality of the dismissal in question, is under heavy
 The Labor Arbiter directed the parties to submit position papers, with the clouds and therefore illegal.
deadline on April 28, 1995, extended to May 5, 1995. o Neither can it be said that Germano was merely suspended, as he
o Sy failed to submit their position paper. was offered to be re-admitted June the following year. The
supposed suspension was expected to last for more than the period
 The Labor Arbiter rendered a decision on January 29, 1996, finding illegal
allowed by law, thus making the suspension constitutive of an
dismissal.
illegal dismissal.
o "WHEREFORE, decision is hereby rendered ordering respondent/s
 On social justice.
Gandara Mill Supply and/or Milagros Sy to pay complainant
o Granting arguendo that Germano’s absence engendered undue
Silvestre Germano the sum of SIXTY FIVE THOUSAND SIX
HUNDRED EIGHTY FIVE PESOS AND 90/100 (P65,685.90) difficulty to the smooth operations of Sy’s business, considering the
representing separation pay, backwages, SLIP and attorney's fee situation of Germano, his dismissal is unwarranted.
as iscussed and computed above." o In holding the constitutional mandate of protection to labor, the rigid
 Sy appealed to the NLRC on March 4, 1996. rules of procedure may sometimes be dispensed with to give room
o The NLRC dismissed the appeal for failure to post a cash or surety for compassion. The doctrine of "compassionate justice" is
applicable under the premises, private respondent being the
bond on May 22, 1996.
breadwinner of his family.
o Sy invoked a ground for exemption from posting a bond due to their
o "The Social Justice policy mandates a compassionate attitude
business being small, or an extention of up to 20 days to put up a
toward the working class in its relation to management. In calling for
bond.
the protection to labor, the Constitution does not condone
 Meanwhile, a Motion for Execution was granted in favor of Germano on Sept
wrongdoing by the employee, it nevertheless urges a moderation of
6, 1996.
the sanctions that may be applied to him in the light of the many
 Hence this action for Certiorari under Rule 65. disadvantages that weigh heavily on him like an albatross on his
neck."
W/N the NLRC acted with grave abuse of discretion in awarding an amount Sy
claims to be excessive – NO, time and again, the court held that factual findings by
the Labor Arbiter are to treated as final absent any showing that he erred in his
evaluation.
 Untenable is petitioner's contention that the said amount awarded,
representing backwages, separation pay and attorney's fee is excessive and
tantamount to a deprivation of petitioner's property without due process of
law. Once a finding of illegal dismissal is established, an award of separation
pay and backwages is in order and binding upon the court, unless the
contrary is proved. The court shares the Labor Arbiter's observation and
ratiocination that the amount of the questioned award is not excessive in
light of prevailing economic conditions.
Dispositive
WHEREFORE, the Petition for Certiorari under consideration is hereby DISMISSED
on the grounds, that : (1) It was filed out of time; (2) It is devoid of merit; and (3) it was
interposed for purposes of delay.

Accordingly, the NLRC Resolution of July 23, 1996 is AFFIRMED in toto; the writ of
execution issued on September 13, 1996 upheld; and petitioner's prayer for a
restraining order DENIED.

No pronouncement as to costs.

SO ORDERED.