Published in the Bohol Chronicle
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The 4th Division of the National Labor Relations Commission ordered FTCPI to pay its national director Rosalinda Paredes the amount of P1, 885,900, representing the latter's salaries and allowances, moral and exemplary damages for her dismissal without valid cause.
In its 11-page decision dated March 28, 2007, the NLRC in Cebu City reversed its own decision issued on November 8, 2006 by Labor Arbiter Fructuoso T. Villarin in the case of Paredes against FTCPI as complainant-appellant and respondents, Dr. Virginia Lao, Benjamin Escobia and Hercules Paradiang, respectively. It was docketed as NLRC Case No. V-000074-2007 RAB Case No. VII-11-0124-05-B.
"The decision of the Labor Arbiter dated November 8, 2006 is reversed and set aside and a new one is entered," according to the March 28, 2007 NLRC decision signed by Commissioner Oscar S. Uy, Officer-in-Charge of the NLRC 4th Division.
However, NLRC found that respondents Lao, Paradiang and Escobia, all members of the Board of Trustees of FTCPI, "have no liability for lack of legal basis."
The NLRC said that it was convinced with the argument of the Complainant "that she was constructively dismissed" without valid cause and due process.
Constructive dismissal, according to the NLRC, "is an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely, when there is a demotion in rank/or a diminution of pay, or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee that it could foreclose any choice by him to forego his continued employment."
It can also be noted, that both in the March 28,2007 decision signed by Commissioner Uy as well as the November 8, 2006 decision of Labor Arbiter Villarin the allegations of FTCPI and the three members of the Board of Trustees of alleged anomalous and fraudulent transactions of Paredes have been ignored and were not given credence.
In the November 8, 2006 decision of Labor Arbiter Villarin, the Complainant was ordered to pay her employer the amount of P143, 646.73 and $1,000 representing her accountabilities; P500, 000 to Lao, Paradiang and Escobia, respectively, for moral damages; P1M to FTC for moral damages; P100,000 for collective exemplary damages; and attorney's fees of 10% of the award.
Sensing the drawback, Paredes appealed the November 8, 2006 decision rendered by Labor Arbiter Fructuoso Villarin and got justice.
Uy noted that Labor Arbiter Villarin made a mistake in holding that Complainant Paredes voluntarily resigned. Furthermore, the NLRC 4th Division maintained that Villarin "erred in granting respondents Lao, Paradiang and Escobia counterclaims for actual moral and exemplary damages as well as attorney's fees.
Prior to handing over its March 28, 2007 decision completely reversing the one Villarin made in November 8, 2006, the NLRC tacked three issues. It scrutinized the Complainant's dismissal from service, whether the Complainant was entitled to damages and whether the Labor Arbiter had authority to award respondents' counterclaim in terms of damages and attorney's fees. All three issues raised before the NLRC were resolved in favor of the Complainant. (Ric Obedencio)
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