Meralco vs Jan Carlo Gala March 7, 2012 GR No.: 191288 &191304

Facts: The respondent Jan Carlo Gala commenced employment with the petitioner Meralco Electric Company (Meralco) as a probationary lineman. He was assigned at Meralcos Valenzuela Sector. He initially served as member of the crew of Meralcos Truck No. 1823 supervised by Foreman Narciso Matis. After one month, he joined the crew of Truck No. 1837 under the supervision of Foreman Raymundo Zuiga, Sr. On July 27, 2006, barely four months on the job, Gala was dismissed for alleged complicity in pilferages of Meralcos electrical supplies, particularly, for the incident which took place on May 25, 2006. On that day, Gala and other Meralco workers were instructed to replace a worn-out electrical pole at the Pacheco Subdivision in Valenzuela City. Gala and the other linemen were directed to join Truck No. 1891, under the supervision of Foreman Nemecio Hipolito. When they arrived at the worksite, Gala and the other workers saw that Truck No. 1837, supervised by Zuiga, was already there. The linemen of Truck No. 1837 were already at work. Gala and the other members of the crew of Truck No. 1891 were instructed to help in the digging of a hole for the pole to be installed. While the Meralco crew was at work, one Noberto Bing Llanes, a non-Meralco employee, arrived. He appeared to be known to the Meralco foremen as they were seen conversing with him. Llanes boarded the trucks, without being stopped, and took out what were later found as electrical supplies. Aside from Gala, the foremen and the other linemen who were at the worksite when the pilferage happened were later charged with misconduct and dishonesty for their involvement in the incident. Unknown to Gala and the rest of the crew, a Meralco surveillance task force was monitoring their activities and recording everything with a Sony video camera. The task force was composed of Joseph Aguilar, Ariel Dola and Frederick Riano. Meralco called for an investigation of the incident and asked Gala to explain. Gala denied involvement in the pilferage, contending that even if his superiors might have committed a wrongdoing, he had no participation in what they did. He claimed that: (1) he was at some distance away from the trucks when the pilferage happened; (2) he did not have an inkling that an illegal activity was taking place since his supervisors were conversing with Llanes, giving him the impression that they knew him; (3) he did not call the attention of his superiors because he was not in a position to do so as he was a mere lineman; and (4) he was just following instructions in connection with his work and had no control in the disposition of company supplies and materials. He maintained that his mere presence at the scene of the incident was not sufficient to hold him liable as a conspirator.

Despite Galas explanation, Meralco proceeded with the investigation and eventually terminated his employment on July 27, 2006. Gala responded by filing an illegal dismissal complaint against Meralco.

LA-dismissed for lack of merit. Gala’s participation renders him unqualified to become a regular employee.

NLRC-Reversed the ruling. Gala had been illegally dismissed since there was no complete showing of misconduct.

CA;- the CA denied Meralcos petition for lack of merit and partially granted Galas petition. It concurred with the NLRC that Gala had been illegally dismissed, a ruling that was supported by the evidence. It opined that nothing in the records show Galas knowledge of or complicity in the pilferage. It found insufficient the joint affidavit of the members of Meralcos task force testifying that Gala and two other linemen knew Llanes.

Gala would want the petition to be dismissed outright on procedural grounds, claiming that the Verification and Certification, Secretaries Certificate and Affidavit of Service accompanying the petition do not contain the details of the Community Tax Certificates of the affiants, and that the lawyers who signed the petition failed to indicate their updated MCLE certificate numbers, in violation of existing rules. Issue: WON there was procedural defect on the part of Meralco’s contention

Held: The court stress at this point that it is the spirit and intention of labor legislation that the NLRC and the labor arbiters shall use every reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities of law or procedure, provided due process is duly observed. In keeping with this policy and in the interest of substantial justice, we deem it proper to give due course to the petition, especially in view of the conflict between the findings of the labor arbiter, on the one hand, and the NLRC and the CA, on the other. As we said in S.S. Ventures International, Inc. v. S.S. Ventures Labor Union, the application of technical rules of procedure in labor cases may be relaxed to serve the demands of substantial justice. ISSUE: Won there was illegal dismissal? The court ruled that Gala could not but have knowledge of the pilferage of company

electrical supplies on May 25, 2006; he was complicit in its commission, if not by direct participation, certainly, by his inaction while it was being perpetrated and by not reporting the incident to company authorities. Thus, we find substantial evidence to support the conclusion that Gala does not deserve to remain in Meralco’s employ as a regular employee. He violated his probationary employment agreement, especially the requirement for him to observe at all times the highest degree of transparency, selflessness and integrity in the performance of their duties and responsibilities. He failed

to qualify as a regular employee. For ignoring the evidence in this case, the NLRC committed grave abuse of discretion

and, in sustaining the NLRC, the CA committed a reversible error.  WHEREFORE, premises considered, the petition is GRANTED. The assailed decision and resolution of the Court of Appeals are SET ASIDE. The complaint is DISMISSED for lack of merit.