SECOND DIVISION
[G.R. No. 256507. July 28, 2021]
DANIEL NAVARRE CANDELARIA, petitioner,vs. KALAYAAN ENGINEERING CO., INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 28 July 2021 which reads as follows:
"G.R. No. 256507 (Daniel Navarre Candelaria v. Kalayaan Engineering Co., Inc.). — After a judicious study of the case, the Court resolves to DENY the petition 1 and AFFIRM the Decision 2 dated July 30, 2020 and the Resolution 3 dated May 17, 2021 of the Court of Appeals (CA) in CA-G.R. SP No. 163921 for failure of petitioner Daniel Navarre Candelaria (petitioner) to sufficiently show that the CA committed any reversible error in directing his reinstatement to his former position without backwages, there being neither dismissal nor abandonment in this case, and deleting the award of separation pay, which was given on the basis of the doctrine of strained relations.
As correctly ruled by the CA, under the doctrine of strained relations, the payment of separation pay is considered an acceptable alternative to reinstatement when the latter option is no longer desirable or viable. Nonetheless, the doctrine of strained relations should not be used recklessly or applied loosely nor be based on impression alone. It cannot be applied indiscriminately since every labor dispute almost invariably results in 'strained relations'; otherwise, reinstatement can never be possible simply because some hostility is engendered between the parties as a result of their disagreement. Strained relations must be demonstrated as a fact. It must be adequately supported by substantial evidence showing that the relationship between the employer and the employee is indeed strained as a necessary consequence of the judicial controversy. 4 Here, records are bereft of evidence showing that there were strained relations between the parties; moreover, it must not be forgotten that there was neither dismissal nor abandonment in this case. Therefore, the CA's directives ordering respondent Kalayaan Engineering Co., Inc. to accept petitioner to his former position without payment and deleting the award of separation pay are proper.
SO ORDERED. (Rosario, J., designated additional member per Special Order No. 2835 dated July 15, 2021.)"
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. See Petition for Review on Certiorari dated July 13, 2021; rollo, pp. 11-28.
2.Id. at 35-44. Penned by Associate Justice Edwin D. Sorongon with Associate Justices Gabriel T. Robeniol and Walter S. Ong, concurring.
3.Id. at 46-48.
4. See Fernandez v. Meralco, 834 Phil. 137, 148-149 (2018).