Michael Inc. vs. NLRC : 97204 : April 25, 1996 : Mendoza, J. : Secon...
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http://sc.judiciary.gov.ph/jurisprudence/1996/apr1996/97204.htm
SECOND DIVISION
[G.R. No. 97204. April 25, 1996]
MICHAEL INC. AND JUANITO CAMBANGAY, petitioners, vs. NATIONAL
LABOR RELATIONS COMMISSION AND JOSE P. NAVARRO,
respondents.
SYLLABUS
LABOR LAW AND SOCIAL LEGISLATION; EMPLOYMENT; DISMISSAL; TOO HARSH A
PENALTY FOR ABSENCES INCURRED BY A MARINE ENGINEER ON FOUR
DIFFERENT OCCASIONS OVER A PERIOD OF FOUR YEARS; SEPARATION PAY IN
LIEU OF REINSTATEMENT, PROPER. - Private respondent, as a marine engineer, was an
important member of the crew of a vessel. On no other employer is a greater duty imposed
of minimizing absences among crew members than on common carriers. The law requires
them to exercise extraordinary diligence in the transportation of passengers and vigilance
over goods. The question in this case is whether, considering the fact that the absences of
private respondent occurred on four different occasions over a period of four years from
1980 to 1984 and that he had been with the company for eight years, dismissal would not be
too drastic a penalty to impose. We think the NLRC rightly invoked the words of Justice
Fernando inAlmira v. B.F. Goodrich Phils. Inc. that where a penalty less punitive would
suffice, whatever missteps may be committed by labor ought not to be visited with a
consequence so severe. It is not only the laws concern for the workingman. There is, in
addition, his family to consider. Unemployment brings untold hardships and sorrows on
those dependent on the wage-earner. Our cases after Goodrich have been faithful to the
spirit of that decision, by paying tribute to the right of employees to security of tenure while
recognizing the right of employers to impose discipline.
APPEARANCES OF COUNSEL
Santos T. Gil for petitioners.
Public attorneys Office for private respondent.
DECISION
MENDOZA, J.:
This is a petition for certiorari to annul the decision of the NLRC in NLRC-RAB-VII-0021-85
which affirmed with modification a decision rendered by the Labor Arbiter in favor of private
respondent Jose P. Navarro.
Private respondent was employed in 1977 in petitioner shipping company as a marine
engineer. His monthly pay was P950.00. On November 12, 1984, he was dismissed after he had
failed to board his ship, the M/V Alexia, as a result of which the vessel sailed without him. This
was not the first time that he was left behind by his vessel. Thrice before, on June 6, 1980, May
9, 1982 and July 31, 1984, he also failed to show up at the pier, in each case his excuse being
that he had a stomachache. The fourth time, his excuse was that there was no transportation
available because of a jeepney drivers strike.
Private respondent filed a complaint for illegal dismissal and payment of service incentive
leave, 13th month pay and COLA differentials.
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