4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly Petitioners further claimed that since the Baptist Church was already successfully organized and established at San Carlos City, respondent's mission was already finished. Thus, BSAABC ordered him to be transferred to other areas of mission work; but in defiance to the order, respondent refused without justifiable reason. After investigation, it was discovered that respondent's refusal to leave San Carlos City was because he had built his personal house on the land owned by BSAABC without the latter's consent. On November 20, 2011, after earnest efforts of negotiating with respondent and giving him adequate opportunity to ventilate his side, the members of the BSAABC unanimously voted to remove him as missionary and cancel his ABA recommendation. He was informed of the decision in the November 24, 2011 Letter. In the same letter, BSAABC demanded respondent to vacate the property as soon as possible, and offered to buy the house erected thereon at the estimated cost of building materials.[10] This prompted respondent to file a Complaint for Illegal Dismissal on September 10, 2012.[11] The LA Ruling The LA found respondent's dismissal illegal. Petitioners were ordered to pay backwages, separation pay, 13th month pay, moral and exemplary damages, and attorney's fees. [12] The LA held that it has jurisdiction over the matter considering that respondent was appointed as instructor of MBIS. His being a member of the Abiko Baptist Church of Japan was only incidental to his main duties and responsibilities as instructor.[13] Respondent's Appointment Paper was considered sufficient evidence to establish the employer-employee relationship. It further ruled that considering respondent had attained regular status, he cannot be dismissed unless for a cause. The November 24, 2011 Letter was, in effect, a way of terminating the employment of respondent, hence, illegal. [14] The NLRC Ruling The NLRC reversed the LA's ruling and dismissed the complaint on the ground of lack of jurisdiction. It held simply that the expulsion of respondent from their church was an ecclesiastical affair, and as such, has no remedy in civil courts.[15] The CA Ruling On appeal to the CA, the NLRC's Decision and Resolution were reversed and set aside. Accordingly, the LA's ruling was reinstated. The CA ruled that both the LA and NLRC had jurisdiction over the matter. It found that the November 24, 2011 Letter served as: (1) notice for the termination of respondent's employment, and (2) exclusion of his membership in the church. The tenor of the letter itself implicitly demonstrated that these incidents were distinct from each other. Respondent's status as a missionary on one hand, and his membership in the church on the other, were separate matters. The former was a purely secular matter, and the latter was an ecclesiastical affair; and one does not necessarily include the other.[16] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66079 2/24

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