Author Topic: Pantranco North Express vs NLRC  (Read 219 times)

MikeLigalig.com

  • FOUNDER
  • Webmaster
  • *****
  • Posts: 33332
  • Please use the share icons below
    • View Profile
    • Book Your Tickets on a Budget
Pantranco North Express vs NLRC
« on: March 08, 2023, 12:17:54 AM »
The case is about the illegal dismissal of Reynaldo Rueda, a bus driver of Pantranco North Express, Inc. (Pantranco). Rueda was dismissed for serious misconduct after he was involved in a vehicular accident that resulted in the death of two passengers and injuries to several others. He filed a complaint for illegal dismissal and damages against Pantranco before the Labor Arbiter.

The Labor Arbiter ruled in favor of Rueda and ordered Pantranco to reinstate him with full backwages and benefits. The Labor Arbiter found that Rueda was not guilty of serious misconduct because he did not act with malice or bad faith in causing the accident. The Labor Arbiter also found that Pantranco failed to comply with the procedural requirements of due process in terminating Rueda.

Pantranco appealed to the National Labor Relations Commission (NLRC), which reversed the decision of the Labor Arbiter. The NLRC held that Rueda's dismissal was valid because he committed serious misconduct by driving recklessly and negligently. The NLRC also held that Pantranco complied with the procedural requirements of due process by giving Rueda ample opportunity to explain his side.

Rueda filed a petition for certiorari before the Supreme Court, which granted his petition and reinstated the decision of the Labor Arbiter. The Supreme Court ruled that Rueda's dismissal was illegal because he did not commit serious misconduct as defined by law. The Supreme Court explained that serious misconduct requires a wrongful and perverse attitude that implies wrongful intent and not mere error in judgment. The Supreme Court also ruled that Pantranco violated Rueda's right to due process by failing to give him a written notice specifying the grounds for his dismissal and a hearing or conference where he could defend himself.

Source: 3/8/2023(1) G.R. No. 114333 - chiefs.lawphil.net. https://chiefs.lawphil.net/judjuris/juri1996/jan1996/gr_114333_1996.html Accessed 3/8/2023.
(2) G.R. No. 114333 January 24, 1996 - PANTRANCO NORTH EXPRESS v. NATIONAL .... https://www.chanrobles.com/cralaw/1996januarydecisions.php?id=20 Accessed 3/8/2023.
(3) Pantranco v. NLRC (G.R. No. 114333; January 24, 1996). https://www.projectjurisprudence.com/2017/09/pantranco-v-nlrc-gr-no-114333-january.html Accessed 3/8/2023.

* * *
Affordable Wordpress website host at www.greengeeks.com



Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=124211.0
John 3:16-18 ESV
For God so loved the world, that he gave his only Son (Jesus Christ), that whoever believes in him should not perish but have eternal life. For God did not send his Son into the world to condemn the world, but in order that the world might be saved through him. Whoever believes in him is not condemned, but whoever does not believe is condemned already, because he has not believed in the name of the only Son of God.

👉 GET easy and FAST online loan at www.tala.com Philippines

Book tickets anywhere for planes, trains, boats, bus at www.12go.co

unionbank online loan application low interest, credit card, easy and fast approval

Tags: