7K Corp Vs Albarico GR 182295

7K CORPORATION, Petitioner, vs. EDDIE ALBARICO, Respondent. GR.
182295
Respondent Eddie Albarico was an employee of petitioner 7K Corporation. He was terminated

allegedly for his poor sales performance. Respondent had to stop reporting for work, and he
subsequently submitted his money claims against petitioner for arbitration before the NCMB.
The issue for voluntary arbitration before the NCMB was whether respondent Albarico was
entitled to the payment of separation pay and the sales commission reserved for him by the
corporation.
While the NCMB arbitration case was pending, respondent Albarico filed a Complaint against
petitioner corporation with the NLRC for illegal dismissal with money claims for overtime pay,
holiday compensation, commission, and food and travelling allowances. LA decided in Albaricos
favor and was awarded separation pay in lieu of reinstatement, backwages and attorneys fees.
On appeal the NLRC reversed the decision and ruled that there is forum shopping on the part
of respondent Albarico, because the NCMB arbitration case was still pending. No further appeal
taken, the decision became final.
In the NVMB, petitioner corporation filed its Position Paper denying that respondent was
terminated from work, much less illegally dismissed. The corporation claimed that he had
voluntarily stopped reporting for work after receiving a verbal reprimand for his sales
performance; hence, it was he who was guilty of abandonment of employment. On the other
hand, Albarico claims he was illegally dismissed.
NCMB voluntary arbitrator rendered a Decision finding petitioner corporation liable for illegal
dismissal. The termination of respondent Albarico, by reason of alleged poor performance, was
found invalid. The arbitrator explained that the promotions, increases in salary, and awards
received by respondent belied the claim that the latter was performing poorly. It was also found
that Albarico could not have abandoned his job, as the abandonment should have been clearly
shown. The voluntary arbitrator also found that Albarico was dismissed from his work without
due process. in lieu of reinstatement, the voluntary arbitrator ordered the corporation to pay
separation pay. Additionally, in view of the finding that Albarico had been illegally dismissed, the
voluntary arbitrator also ruled that the former was entitled to backwage. Finally, the arbitrator
awarded attorneys fees in respondents favor, because he had been compelled to file an action
for illegal dismissal. The CA affirmed the Decision of the voluntary arbitrator, but eliminated the
award of attorneys fees for having been made without factual, legal or equitable justification.
Petitioner argues that, voluntary arbitrator should have limited his decision to the issue
contained in the Submission Agreement of the parties the issue of whether respondent
Albarico was entitled to separation pay and to the sales commission the latter earned before
being terminated. Petitioner asserts that under Article 262 of the Labor Code, the jurisdiction of
a voluntary arbitrator is strictly limited to the issues that the parties agree to submit. Thus, it
contends that the voluntary arbitrator exceeded his jurisdiction when he resolved the issues of
the legality of the dismissal of respondent and the latters entitlement to backwages on the basis
of a finding of illegal dismissal. According to petitioner, the CA wrongly concluded that the issue
of respondents entitlement to separation pay was necessarily based on his allegation of illegal
dismissal, thereby making the issue of the legality of his dismissal implicitly submitted to the
voluntary arbitrator for resolution. Petitioner argues that this was an erroneous conclusion,
because separation pay may in fact be awarded even in circumstances in which there is no
illegal dismissal.
HELD:
We rule that although petitioner correctly contends that separation pay may in fact be awarded
for reasons other than illegal dismissal, the circumstances of the instant case lead to no other
conclusion than that the claim of respondent Albarico for separation pay was premised on his
allegation of illegal dismissal. Thus, the voluntary arbitrator properly assumed jurisdiction over
the issue of the legality of his dismissal.
True, under the Labor Code, separation pay may be given not only when there is illegal
dismissal. In fact, it is also given to employees who are terminated for authorized causes, such
as redundancy, retrenchment or installation of labor-saving devices under Article 283 of the
Labor Code. Additionally, jurisprudence holds that separation pay may also be awarded for
considerations of social justice, even if an employee has been terminated for a just cause other
than serious misconduct or an act reflecting on moral character. The Court has also ruled that
separation pay may be awarded if it has become an established practice of the company to pay
the said benefit to voluntarily resigning employees or to those validly dismissed for nonmembership in a union as required in a closed-shop agreement.
The above circumstances, however, do not obtain in the present case. There is no claim that the
issue of entitlement to separation pay is being resolved in the context of any authorized cause
of termination undertaken by petitioner corporation. Neither is there any allegation that a
consideration of social justice is being resolved here. In fact, even in instances in which
separation pay is awarded in consideration of social justice, the issue of the validity of the
dismissal still needs to be resolved first. Only when there is already a finding of a valid dismissal
for a just cause does the court then award separation pay for reason of social justice. The other
circumstances when separation pay may be awarded are not present in this case.
The foregoing findings indisputably prove that the issue of separation pay emanates solely from
respondents allegation of illegal dismissal. In fact, petitioner itself acknowledged the issue of
illegal dismissal in its position paper submitted to the NCMB.
Moreover, we note that even the NLRC was of the understanding that the NCMB arbitration
case sought to resolve the issue of the legality of the dismissal of the respondent. In fact, the
identity of the issue of the legality of his dismissal, which was previously submitted to the
NCMB, and later submitted to the NLRC, was the basis of the latters finding of forum shopping
and the consequent dismissal of the case before it. Thus, it is now estopped from claiming that
the issue before the NCMB does not include the issue of the legality of the dismissal of
respondent. Hence, the voluntary arbitrator correctly assumed that the core issue behind the
issue of separation pay is the legality of the dismissal of respondent.
Consequently, we also rule that the voluntary arbitrator may award backwages upon a finding of
illegal dismissal, even though the issue of entitlement thereto is not explicitly claimed in the
Submission Agreement. Backwages, in general, are awarded on the ground of equity as a form
of relief that restores the income lost by the terminated employee by reason of his illegal
dismissal.

7K Corp Vs Albarico GR 182295

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7K CORPORATION, Petitioner, vs. EDDIE ALBARICO, Respondent. GR.

Respondent Eddie Albarico was an employee of petitioner 7K Corporation. He was terminated

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