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The questioned decision and resolution of the National Labor Relations Commission are SET ASIDE and the complaint filed by private respondent is DISMISSED, as decreed by the Labor Arbiter. Gutierrez now comes to us via a petition for review on certiorari seeking to reverse and set aside the decision of the Court of Appeals, with a prayer for moral damages and attorneys fees.
Petitioner alleges that the Court of Appeals gravely erred WHEN IT DISMISSED THE COMPLAINT FOR ILLEGAL DISMISSAL, RELYING SOLELY ON THE BASIS OF THE AFFIDAVITS SUBMITTED BY RESPONDENTS EMPLOYEES, CONTRARY TO THE FINDINGS OF THE NATIONAL LABOR RELATIONS COMMISSION THAT THESE ARE BIAS[ED] AND THEREFORE SHOULD NOT BE GIVEN MUCH WEIGHT AND CREDIT; WHEN IT SHIFTED THE BURDEN OF PROOF UPON THE PETITIONER TO PROVE HIS INNOCENCE FROM THE ALLEGED OFFENSE IMPUTED BY THE RESPONDENTS, CONTRARY TO EXISTING JURISPRUDENCE; and WHEN IT SUSTAINED THE SUPREME PENALTY OF DISMISSAL NOTWITHSTANDING THE TRIVIAL NATURE OF THE INFRACTIONS ALLEGEDLY COMMITTED BY THE PETITIONER.(1) Whether the appellate court erred in procedural and evidentiary matters, such as its alleged reliance on mere affidavits of respondents employees and shifting the burden of proof to the petitioner, in violation of due process; and (2) Whether the appellate court erred in reversing the NLRC which declared respondents guilty of illegal dismissal of the petitioner from his employment.
He became an Accounts Checker on probationary status on February 8, 1994.
Thereafter, he acquired regular status as Asset Auditor on March 1, 1995, receiving a monthly salary of On August 1, 1996, at around p.m., Ms. Evangeline Que-Ilagan, Administration Manager of Singer, noticed a sign posted at the door of the Asset/Legal Department Office, which read MAIPARIT TI UMISBO DITOY.
Later that same day, August 2, 1996, Gutierrez personally explained his side to the Asset Manager, Mr. Gutierrez claimed that he only admitted to the posting of the sign in order to take the cudgels for a co-employee. The latter wanted to test the quality of their video players. Consunji brought the matter to the attention of Mr. The latter promptly issued a Memo dated August 6, 1996, requiring Gutierrez to explain his side. Ninada that he had already discussed the matter with Mr. Under the Company Code of Discipline, these infractions were classified as 4 Degree Offenses with the corresponding sanction of dismissal.
He also explained that their use of the video equipment was upon the orders of their supervisor, Mr. In the same Memo, Gutierrez was directed to explain in writing why the aforesaid penalty should not be imposed on him.
Both the Cayetano and Tinga camps have vowed to press charges over the incident.
Brillantes refused to be drawn into a word war with Sen. Matagal na ako ayoko sumali sa Taguig pero kung uulit-ulitin niya, baka sumali ako," Brillantes said.
Alan Peter Cayetano, whose wife Lani is seeking re-election as Taguig City Mayor against challenger Rica Tinga. Meantime, the Comelec chairman said he has yet to receive any request to place the city of Manila as an area of immediate concern.
Brillantes is the former election lawyer of Tinga's father, former Supreme Court Justice Dante Tinga. Brillantes said the Comelec and security agencies have a criteria for determining which area gets which designation.
He said the poll body is also mulling over a request to replace the city's police chief. The Comelec chief said the designation will mean the deployment of augmentation to the city.Tags: Adult Dating, affair dating, sex dating