Panlilio vs NLRC : 117459 : October 17, 1997 : J. Romero : Third Division 2 of 3 http://sc.judiciary.gov.ph/jurisprudence/1997/oct1997/117459.htm product line or service activity.[5] On this matter, we agree with the observation and conclusion of the POEA which we quote, to wit: Not a single evidence was submitted to bolster their contention. It is not enough for respondent to allege that complainants position became redundant and that there was restructuring of the staff at the Health Club of the Oman Sheraton Hotel. Respondents should have presented evidence to support this contention, such as but not limited to the new staffing pattern, feasibility studies/proposal, on the viability of the newly created positions, job description and the approval by the management of the restructuring.[6] This view was bolstered by the NLRC in its original decision wherein it held that: The affidavits just recently submitted merely touched on the issue of discrimination denying it ever existed or that complainant was its victim. Apart from being self-serving as having been issued by present employees of respondent Oman Sheraton Hotel to whom their loyalty are (sic) expected to lie, we simply cannot give much weight to it in the light of our inability and that of the complainant to confront them with the documents they purportedly signed under oath. More so, even granting arguendo that no discrimination transpired still, the fact remains that the restructuring and redundancy that became the basis of complainants severance from employment remains an imaginary preposition unsupported by concrete evidence.[7] In its resolution granting FPSs motion for reconsideration, however, the NLRC made a sudden turnaround and, relying on the same evidence, ruled that redundancy of petitioners position was adequately proven, necessitating the reversal of its original decision. We cannot accommodate the new stance of the NLRC. In overturning its earlier decision, the NLRC reasoned out that since it could have summoned one of the affiants to amplify his statement, it erred in ruling that said affidavits were self-serving and of little value. This argument fails to impress us. Undoubtedly, said documents still do not sufficiently explain the reason why petitioners position had become redundant, but only elucidated the fact that he was not a victim of any discrimination in effecting the termination. We have held that it is important for a company to have fair and reasonable criteria in implementing its redundancy program, such as but not limited to, (a) preferred status, (b) efficiency and (c) seniority.[8] Unfortunately for FPS, such appraisal was not done in the instant case. Petitioner alleges that the NLRC erred in considering these affidavits which were introduced for the first time on appeal. We rule that the NLRC acted correctly when it admitted the affidavits submitted by FPS on appeal, for it cannot be disputed that technical rules of evidence are not binding in labor cases.[9] Labor officials should use every reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities of law or procedure, all in the interest of due process.[10] In line with the Courts liberal stance regarding procedural deficiencies in labor cases, we have held that even if the evidence was not submitted at the earliest possible opportunity, the fact that it was duly introduced on appeal to the NLRC is enough basis for its eventual admission.[11] The admissibility of the affidavits notwithstanding, we cannot affirm the decision of the NLRC especially when its findings of fact on which the conclusion was based are not supported by substantial evidence,[12] that is, the amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.[13] 1/25/2016 12:22 AM

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