Pal Vs NLRC Case Digest

PHILIPPINE AIRLINES, INC., petitioner, vs.
NATIONAL LABOR RELATIONS COMMISSION

(2nd Division), LABOR ARBITER JOSE DE VERA, and EDILBERTO
CASTRO, respondents.
RESOLUTION
ROMERO, J.:
The central issue in the case at bar is whether or not an employee who has been
preventively suspended beyond the maximum 30-day period is entitled to backwages and salary
increases granted under the Collective Bargaining Agreement (CBA) during his period of
suspension.
Private respondent Edilberto Castro was hired as manifesting clerk by petitioner Philippine
Airlines Inc. (PAL) on July 18, 1977. It appears that on March 12, 1984, respondent, together
with co-employee Arnaldo Olfindo, were apprehended by government authorities while about to
board a flight en route to Hongkong in possession of P39,850.00 and P6,000.00 respectively, in
violation of Central Bank (CB) Circular 265, as amended by CB Circular 383, [1] in relation to
Section 34 of Republic Act 265, as amended.
When informed of the incident, PAL required respondent to explain within 24 hours why he
should not be charged administratively.[2] Upon failure of the latter to submit his explanation
thereto, he was placed on preventive suspension effective March 27, 1984 for grave
misconduct.
On May 28, 1984, an investigation was conducted wherein respondent admitted ownership
of the confiscated sum of money but denying any knowledge of CB Circular 265. No further
inquiry was conducted. On August 13, 1985, respondent, through the Philippine Airlines
Employees Association (PALEA), sought not only the dismissal of his case but likewise prayed
for his reinstatement, to which appeal, PAL failed to make a reply thereto. He reiterated the
same appeal in his letter dated August 13, 1987.
On September 18, 1987 or three (3) years and six (6) months after his suspension, PAL
issued a resolution finding respondent guilty of the offense charged but nonetheless reinstated
the latter explaining that the period within which he was out of work shall serve as his penalty for
suspension. The said resolution likewise required respondent to affix his signature therein to
signify his full conformity to the action taken by PAL. Upon his reinstatement, respondent filed a
claim against PAL for backwages and salary increases granted under the collective bargaining
agreement (CBA) covering the period of his suspension which the latter, however, denied on
account that under the existing CBA, an employee under suspension is not entitled to the CBA
salary increases granted during the period covered by his penalty.[3]
On March 22, 1991, Labor Arbiter Jose G. de Vera rendered a decision, the decretal portion
of which reads as follows:
WHEREFORE, all the foregoing premises being considered, judgment is hereby

rendered limiting the suspension imposed upon the complainant to one (1) month, and
the respondent to pay complainant his salaries, benefits, and other privileges from April
26, 1984 up to September 18, 1987 and to grant complainant his salary increases
accruing during the period aforesaid. Further, the respondent is hereby ordered to pay
complainant P50,000.00 in moral damages and P10,000.00 in exemplary damages.
On appeal, this decision was affirmed by the National Labor Relations Commission (NLRC)
in its decision dated December 29, 1993 with the deletion of the award of moral and exemplary
damages. Hence, the instant petition.
We resolve to dismiss the petition.
Preventive suspension is a disciplinary measure for the protection of the companys
property pending investigation of any alleged malfeasance or misfeasance committed by the
employee.[5] The employer may place the worker concerned under preventive suspension if his
continued employment poses a serious and imminent threat to the life or property of the
employer or of his co-workers.[6]
Sections 3 and 4, Rule XIV of the Omnibus Rules Implementing the Labor Code provides:
Sec. 3. Preventive suspension. - The employer can place the worker concerned under
preventive suspension if his continued employment poses a serious and imminent
threat to the life or property of the employer or of his co-workers.
Sec. 4. - Period of suspension. - No preventive suspension shall last longer than 30
days. The employer shall thereafter reinstate the worker in his former or in a
substantially equivalent position or the employer may extend the period of suspension
provided that during the period of extension, he pays the wages and other benefits due
to the workers. In such case, the worker shall not be bound to reimburse the amount
paid to him during the extension if the employer decides, after completion of the
hearing, to dismiss the worker. (Underscoring supplied)
It is undisputed that the period of suspension of respondent lasted for three (3) years and
six (6) months. PAL, therefore, committed a serious transgression when it manifestly delayed
the determination of respondents culpability in the offense charged. PAL stated lamely in its
petition that due to numerous administrative cases pending at that time, the Committee
inadvertently failed to submit its recommendation to (the) management. [7] This is specious
reasoning. The rules clearly provide that a preventive suspension shall not exceed a maximum
period of 30 days, after which period, the employee must be reinstated to his former position. If
the suspension is otherwise extended, the employee shall be entitled to his salaries and other
benefits that may accrue to him during the period of such suspension. The provisions of the
rules are explicit and direct; hence, there is no reason to further elaborate on the same.
PAL faults the Labor Arbiter and the NLRC for allegedly equating preventive suspension as
remedial measure with suspension as penalty for administrative offenses. The argument though
cogent is, however, inaccurate. A distinction between the two measures was clearly elucidated
by the Court in the case of Beja Sr. v. CA,[8] thus:
Imposed during the pendency of an administrative investigation, preventive suspension
is not a penalty in itself. It is merely a measure of precaution so that the employee who
is charged may be separated, for obvious reasons, from the scene of his alleged
misfeasance while the same is being investigated. While the former may be imposed
on a respondent during the investigation of the charges against him, the latter is the
penalty which may only be meted upon him at the termination of the investigation or the
final disposition of the case.
A cursory reading of the records reveals no reason to ascribe grave abuse of discretion
against the NLRC. Simply put, its decision was grounded upon petitioners manifest indifference
to the plight of its suspended employee and its consequent violation of the Implementing Rules
of the Labor Code. As correctly ruled by the NLRC:
In fact, the long period of complainants preventive suspension could even be
considered constructive dismissal because were it not his letter dated September 12,
1985 and followed by another on September 18, 1987 demanding his reinstatement,
respondent by its inaction appears to have no plan to employ him back to work. The
manifest inaction of respondent over the pendency of the administrative charge is
indeed violative of complainants security of tenure because without any justifiable
cause and due process complainants employment would have gone into oblivion.
[9]
(Underscoring supplied)
PAL contends that when respondent consented to the resolution that the entire period of
suspension shall constitute his penalty for the offense charged, the latter is thereby estopped to
question the validity of said suspension. We concur with the labor arbiter when he ruled that the
ensuing conformity by respondent does not cure petitioners blatant violation of the law, and the
same is therefore null and void. Thus, to uphold the validity of the subsequent agreement
between complainant and respondent regarding the imposition of the suspension would be
repulsive to the avowed policy of the State enshrined not only in the Constitution but also in the
Labor Code.[10]
In fine, we do not question the right of the petitioner to discipline its erring employees and to
impose reasonable penalties pursuant to law and company rules and regulations. Having this
right, however, should not be confused with the manner in which that right must be exercised.
[11]
Thus, the exercise by an employer of its rights to regulate all aspects of employment must be
in keeping with good faith and not be used as a pretext for defeating the rights of employees
under the laws and applicable contracts.[12] Petitioner utterly failed in this respect.
WHEREFORE, premises considered, the petition is DISMISSED for lack of merit and the
assailed decision is AFFIRMED. No costs.
SO ORDERED.

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PHILIPPINE AIRLINES, INC., petitioner, vs.

NATIONAL LABOR RELATIONS COMMISSION

WHEREFORE, all the foregoing premises being considered, judgment is hereby

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