3/30/2021
E-Library - Information At Your Fingertips: Printer Friendly
petition for certiorari.[25]
The CA Ruling
In a Decision[26] dated April 20, 2018, the CA affirmed the NLRC Decision with a
modification directing HSTC and Esguerra to pay Cordero separation pay equivalent to
one (1)-month salary for every year of service from March 1992 until finality of
judgment.[27] While theCA concurred with the labor tribunals' finding that Cordero's
employment was validly terminated for a just cause, it found that the penalty of
dismissal was too harsh under the following circumstances: (a) Cordero worked for
HSTC for twenty-four (24) years; (b) the incident while he was on duty was his first
offense; (c) he had no derogatory record; and (d) he was already preventively
suspended for the infractions he committed.[28] Accordingly, the CA remanded the case
to the LA for the proper computation of separation pay.[29]
Undeterred, both parties respectively moved for reconsideration.[30] In their motion for
reconsideration, HSTC and Esguerra maintained that Cordero was validly dismissed;
hence, there was no basis for the CA's award of separation pay. They likewise took
exception to the CA's observation that the penalty of dismissal was "too harsh" under
the circumstances, considering that there was just cause for the termination of
Cordero's employment.[31] On the other hand, Cordero insisted in his motion for partial
reconsideration that there was no just cause for dismissal, hence, he was illegally
dismissed.[32]
Both motions were denied in a Resolution[33] dated January 14, 2019; hence, this
petition.
The Issue Before the Court
The present controversy revolves around the CA's award of separation pay in favor of
Cordero.
In the petition docketed as G.R. No. 244144, HSTC and Esguerra submit that the CA
erred in awarding separation pay in favor of Cordero, considering that there was just
cause to validly dismiss him. Further, they disagree with the CA's ruling that the
penalty of dismissal was "too harsh" under the circumstances for being contrary to law
and prevailing jurisprudence. On the other hand, in the petition docketed as G.R. No.
244210, Cordero insists that the CA erred in affirming the labor tribunals' finding that
he was validly dismissed and that he is not entitled to his monetary claims.
The Court's Ruling
The petition in G.R. No. 244144 is granted, while the petition in G.R. No. 244210 is
denied.
At the outset, the settled rule is that the Court's jurisdiction in a petition for review on
certiorari is limited to resolving only questions of law. A question of law arises when
doubt exists as to what the law is on a certain state of facts, while there is a question
of fact when doubt arises as to the truth or falsity of the alleged facts.[34]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65989
3/9