Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-47403 November 16, 1940
BATANGAS TRANSPORTATION CO., petitioner,
vs.
BAGONG PAGKAKAISA, respondent.
C. de G. Alvear for petitioner.
Apolinario R. Billostas for respondent.
LAUREL, J.:
This is a petition to review on certiorari the order of the Court of Industrial Relations dated February 14, 1940, as well as its resolution dated April 6, 1940, issued in case No. 60, entitled "Bagong Pagkakaisa vs. Batangas Transportation Co.," the first directing the reinstatement by the herein petitioner, Batangas Transportation Co., of Ricardo Luna and Santos Ebreo with payment of their salaries from November 21, 1939, to the date of reinstatement, and the second denying the petitioner's motion for reconsideration.
On October 4, 1938, the Secretary of labor certified to the Court of Industrial Relations that an industrial dispute existed between the herein petitioner and certain of its employees who are members of and represented by the herein respondent, "Bagong Pagkakaisa", which was forthwith docketed as the aforesaid case No. 60. After a preliminary hearing, the Court of Industrial Relations issued an order requiring the petitioner, inter alia, not to dismiss any of its employees and laborers without just cause and without the previous consent of said court. On November 2l, 1939, Ricardo Luna and Santos Ebreo, Autobus drivers, of the herein petitioner, were suspended indefinitely nor overspeeding alleged to have been committed, respectively, by them on November 13, 1939 and November 10, 1939, of which suspension the petitioner sent to the Court of Industrial Relations a written notice dated November 21, 1939, wherein, at the same time, the petitioner requested the Court of Industrial Relations to approve the definite discharge of said employees. In its order of February 14,1940, the Court of Industrial Relations found that the charges were not proved ant it consequently directed the herein petitioner to reinstate the suspended employees and to pay their back salaries up to the date of reinstatement. The petitioner filed a motion for reconsideration which was denied by the Court of Industrial Relations in its resolution of April 6, 1940.
The Court of Industrial Relations based its order of reinstatement upon the finding that the charges of over- speeding against the suspended drivers were not established. Even if we could, we are not prepared to disturb said finding. (Commonwealth Act No. 103, sec. 15, as amended by Commonwealth Act No. 559.) But, in the record before us, we find that the petitioner bases its order of suspension and ultimate discharge not only on the charges of overspeeding but on various other offenses indicated in the service records of Ricardo Luna and Santos
Ebreo which were submitted in evidence before the court of Industrial Relations, to wit:
RICARDO LUNA
|
Date |
Year |
Reason for administrative action Mgr. |
Class |
Amount |
|
Feb. 24 |
1931 |
Speeding-------- |
R. F. |
2.00 |
|
Dec. 13 |
1931 |
Forgetting gasoline -------- |
R. F. |
2.00 |
|
Apr. 26 |
1932 |
For failure to report L.T B repair -------- |
R. F. |
1.00 |
|
May 21 |
1932 |
Permitting cond to hold up TR 1 ½ at Bañadero and not reporting ------ |
R.F. |
3.00 |
|
Dec. 31 |
1932 |
Not stopping at R. R. Manalo warned -------- |
E.F. |
5.00 |
|
Apr. 19 |
1933 |
Not stopping at R.R. crossing, last warning -------- |
E.F. |
5.00 |
|
Nov. 7 |
1935 |
Speeding and reckless driving -------- |
E.F. |
5.00 |
|
Feb. 11 |
1936 |
Disrespect and contempt for authority.
Transfer to another line -------- |
E.F. |
5.00 |
|
Mar 15 |
1936 |
Running under inflated 3-8-36 -------- |
E.F. |
2.00 |
|
Aug. 11 |
1936 |
Running on flat tire 7-1-36 -------- |
R.F |
5.00 |
|
June 7 |
1937 |
Reckless fast driving through Melon Stand near Alabang 6-2-37 -------- |
E.F |
3.00 |
|
June 22 |
1937 |
Pay for damage to TR 43 a-c accident 6-28-37 S. Pedro B -------- |
R.F |
2.62 |
|
July 2 |
1938 |
Running truck without a conductor, 6-24-38 -------- |
Warned |
|
|
Nov. 10 |
------ |
Left station without permission and which caused his trip to be delayed 1 hr. and 7 minutes, 10-24-39 -------- |
------- |
5.00 |
SANTOS EBREO
|
Date |
Year |
Reason for administrative action Mgr. |
Class |
Amount |
|
Mar. 26 |
1935 |
Running of flat tire, 3-6-35 -------- |
E.F. |
5.00 |
|
May 10 |
1935 |
Running on flat tire, 4-29-36 -------- |
E.F. |
3.00 |
|
July 28 |
1935 |
Racing with Pedro Bercilla TR-138 -------- |
E. F. |
5.00 |
|
May 10 |
1936 |
Not turning trip record book for mileage -------- |
E.F. |
1.00 |
|
Mar. 28 |
1937 |
Reported for work 35 minute late, 2-12 37 -------- |
E.F. |
1.00 |
|
Nov. 12 |
1937 |
Driving to fast October 28 at 4 p.m.
TR-60 km. 111 Bolboc Road -------- |
Last warning |
|
|
Sep. 14 |
1939 |
Not cleaning truck 9-2-39 W. M -------- |
Warned |
|
|
Oct. 11 |
1939 |
Not helping passenger baggage, 9-28-39 -------- |
E.F. |
2.00 |
We are of the opinion that the offenses above listed, if proven, are causes sufficient to justify the petitioner to suspend or discharge the employees in question, especially when it is borne in mind that the petitioner is engaged in the business of transporting passengers and must, there- fore, have in its employ only drivers on whom the general public can depend for safe transportation of themselves and their belongings, not to speak of the right of the petitioner to feel reasonably certain that their drivers are competent and careful enough in the interest of self-protection as a common carrier. The record, however, shows that the evidence presented before the Court of Industrial Relations centered around the charges of overspeeding alleged to have taken place on November 10 and 13, 1939, and that no issue was joined as regard the other offenses above enumerated. As a matter of fact, the Court of Industrial Relations has not made any findings thereon. It becomes necessary for Ricardo Luna and Santos Ebreo to be given opportunity to disprove the specific acts of dereliction of duty contained in the above mentioned service records. For this resolution of the Court of Industrial Relations dated February 14, 1940 and April 6, 1940, respectively, will be as the same are hereby set aside, and the case remanded to the Court of Industrial Relations for further proceedings and decision in accordance with law and conformably to this decision.
So ordered, without pronouncement as to costs.
Avanceña, C.J., Diaz, Imperial and Horrilleno, JJ., concur.
The Lawphil Project - Arellano Law Foundation
