FIRST DIVISION
[G.R. No. 263729. January 17, 2023.][Formerly UDK 17581]
RAMEL SANCHEZ PAGALARAN, FRANCISCO HUIZO PURO, PRIMITIVO MENDOZA TELAN, EUGENE CANONIGO HORCERA, and ALDO VERGARA BRIBON, petitioners,vs.GRAND ASIA METAL CORPORATION, JMS STAFFING SOLUTION, INC., ANTONIO L. CO, and CARLOTA S. VELOSO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 17, 2023which reads as follows: HTcADC
"G.R. No. 263729 [Formerly UDK 17581] (Ramel Sanchez Pagalaran, Francisco Huizo Puro, Primitivo Mendoza Telan, Eugene Canonigo Horcera, and Aldo Vergara Bribon v. Grand Asia Metal Corporation, JMS Staffing Solution, Inc., Antonio L. Co, and Carlota S. Veloso). — The Court resolves to GRANT the petitioners' prayer to litigate as pauper-litigants. Accordingly, this case is re-docketed as a regular judicial matter.
Moreover, the Court resolves to DENY the Petition for Review on Certiorari1 for failure to show any reversible error in the September 23, 2021 Decision 2 and March 30, 2022 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 166425.
The petition fails to sufficiently demonstrate that the CA committed any reversible error in finding no grave abuse of discretion or jurisdictional errors in the rulings of the National Labor Relations Commission (NLRC) and the Labor Arbiter (LA). 4
Nonetheless, this Court deems it proper to modify the July 24, 2019 Decision 5 of the LA ordering the dismissal of the complaint for illegal dismissal and payment of monetary benefits, by incorporating an order of reinstatement without backwages. HTcADC
Settled is the rule that when there is both a lack of evidence of dismissal, and a lack of intent on the part of respondent to abandon his or her work, the remedy is reinstatement but without backwages. 6 Since there is neither abandonment nor termination, "the burden of economic loss [cannot be] rightfully shifted to the employer and each party must bear his [or her] own loss." 7 Furthermore, even in cases: (a) where the employee has asserted but failed to prove constructive dismissal; and (b) where the employer merely alleged the employee's failure to report back to work, without raising the defense of abandonment, it was still ruled that the general course of action for the Court is to "dismiss the complaint, direct the employee to return to work, and order the employer to accept the employee." 8
Since the mere absence or failure to report for work even after a notice to return does not necessarily amount to abandonment, and conversely, the filing of a complaint for illegal dismissal is proof of an employee's desire to return, 9 then the petitioners cannot be considered to have abandoned their employment with JMS Staffing Solution, Inc. Although the petitioners incorrectly premised their prayer for reinstatement with backwages on a claim of illegal dismissal, 10 there is nonetheless basis to order their reinstatement notwithstanding such failure to prove the fact of dismissal, albeit without backwages.
WHEREFORE, the petition is DENIED. The Decision dated September 23, 2021 and the Resolution dated March 30, 2022 of the Court of Appeals in CA-G.R. SP No. 166425 are AFFIRMED with MODIFICATION in that respondents Grand Asia Metal Corporation, JMS Staffing Solution, Inc., Antonio L. Co, and Carlota S. Veloso are ORDERED to accept petitioners Ramel Sanchez Pagalaran, Francisco Huizo Puro, Primitivo Mendoza Telan, Eugene Canonigo Horcera, and Aldo Vergara Bribon, to their former positions or those of equivalent rank, but without payment of backwages within 30 days from the finality of this Resolution. Petitioners are DIRECTED to report for work within 10 days from notice, otherwise they shall be deemed to have abandoned their employment.
The petitioners' Compliance with the Resolution dated October 17, 2022, stating that it had already electronically submitted a copy of the signed motion for extension of time to file a petition, is NOTED; and the petitioners' are required to SUBMIT, within five (5) days from notice hereof: (a) a soft copy in compact disc, USB or e-mail containing the PDF file of the signed petition for review on certiorari with annexes; and (b) an electronic copy in PDF file of the signed compliance re: Resolution dated October 17, 2022, pursuant to the Resolution dated February 22, 2022 in A.M. Nos. 10-3-7-SC and 11-9-4-SC. HTcADC
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 8-35.
2.Id. at 117-136. Penned by Associate Justice Elihu A. Ybañez and concurred in by Associate Justices Geraldine C. Fiel-Macaraig and Angelene Mary W. Quimpo-Sale.
3.Id. at 43-45. Penned by Associate Justice Angelene Mary W. Quimpo-Sale and concurred in by Associate Justices Geraldine C. Fiel-Macaraig and Victoria Isabel A. Paredes.
4.Manila Cordage Company-Employees Labor Union-Organized Labor Union in Line Industries and Agriculture v. Manila Cordage Co., G.R. Nos. 242495-96, September 16, 2020, citing Fuji Television Network, Inc. v. Espiritu, 749 Phil. 388, 414 (2014).
5.Rollo, pp. 624-641. Penned by Labor Arbiter Jasper Z. Dela Cruz.
6. See MZR Industries v. Colambot, 716 Phil. 617, 628 (2013), citing Exodus International Construction, 659 Phil. 142, 159 (2011); see also Tri-C General Services v. Matuto, 770 Phil. 251, 265 (2015).
7.MZR Industries v. Colambot, supra, citing Leonardo v. NLRC, 389 Phil. 118, 128 (2000).
8.Dee Jay's Inn and Café v. Rañeses, 796 Phil. 574, 596 (2016), citing Nightowl Watchman & Security Agency, Inc. v. Lumahan, 771 Phil. 391, 407 (2015) and Tatel v. JLFP Investigation and Security Agency, Inc., 775 Phil. 320, 334 (2015).
9.Tatel v. JLFP Investigation and Security Agency, Inc., supra at note 8, citing Jordan v. Grandeur Security and Services, Inc., 736 Phil. 676, 697 (2014).
10.Rollo, p. 32.