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dated April 17, 2000.
Not satisfied, petitioner sought recourse before the CA,[15] arguing that the NLRC
gravely abused its discretion:
(a) in holding that while Petrocon’s retrenchment was justified,
Petrocon failed to observe the legal procedure for a valid
retrenchment when, in fact, Petrocon did observe the legal
procedural requirements for a valid implementation of its
retrenchment scheme; and
(b) in making an award under Section 10 of R.A. No. 8042 which is
premised on a termination of employment without just, valid or
authorized cause as defined by law or contract, notwithstanding
that NLRC itself found Petrocon’s retrenchment to be justified.[16]
On January 8, 2004, the CA rendered the assailed Decision dismissing the petition, the
decretal portion of which reads:
WHEREFORE, premises considered, the petition is DISMISSED and the
impugned Decision dated October 29, 1999 and Resolution dated April 17,
2000 are AFFIRMED. Costs against the petitioner.
SO ORDERED.[17]
In ruling in favor of the respondent, the CA agreed with the findings of the NLRC that
retrenchment could be a valid cause to terminate respondent’s employment with
Petrocon. Considering that there was a considerable reduction in Petrocon’s work
allocation from Saudi Aramco, the reduction of its work personnel was a valid exercise
of management prerogative to reduce the number of its personnel, particularly in those
fields affected by the reduced work allocation from Saudi Aramco. However, although
there was a valid ground for retrenchment, the same was implemented without
complying with the requisites of a valid retrenchment. Also, the CA concluded that
although the respondent was given a 30-day notice of his termination, there was no
showing that the Department of Labor and Employment (DOLE) was also sent a copy of
the said notice as required by law. Moreover, the CA found that a perusal of the check
payroll details would readily show that respondent was not paid his separation pay.
Petitioner filed a motion for reconsideration, but it was denied in the Resolution[18]
dated May 12, 2004.
Hence, the petition assigning the following errors:
I.
THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN RULING THAT
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