8/12/2019 Philtranco Service Enterprises, Inc. vs. NLRC and Nieva

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THIRD DIVISION

[G.R. No. 124100. April 1, 1998]

PHILTRANCO SERVICE ENTERPRISES, INC.,petitioner,vs. NATIONAL LABOR RELATIONS COISSION !"# R.ROBERTO NIEVA,respondents.

$ E C I S I O N

ROERO, J.%

Petitioner seeks, in this petition for certiorariunder Rule 65, the reversal of theresolution of the National Laor Relations !o""ission dated Nove"er #$, %$$5,orderin& petitioner to pa' private respondent Roerto Nieva a(k )a&es andseparation pa'*

The fa(ts of the (ase are as follo)s+

Roberto Nieva who was employed as a driver by petitioner Philtranco Services

Enterprises, Inc. (hereafter Philtranco) on April !, "##, was assi$ned to the%e$aspi &ity'Pasay &ity rote. n *ay +, "", Nieva sideswiped an owner'

type -eep, dama$in$ the latters par/ li$ht. 0nfortnately, the vehicles ownertrned ot to be a P& colonel who arrested Nieva and bro$ht him to &amp &rame

where the correspondin$ criminal complaint was filed a$ainst him.

Nieva obtained his release from detention by virte of a bail bond secred byPhiltranco. 1e was sspended by the latter for thirty days effective 2ne , "".

Nieva reported bac/ to wor/ after servin$ his sspension. A few days afterresmin$ his drivin$ dties, however, he was re'arrested on the $rond that his bail

bond was fa/e. Nieva reported the incident to the mana$ement of Philtranco. n

ctober +, "", Nieva was advised by Philtrancos administrative officer,

Epifanio %lado, that to avoid re'arrest, he wold have to refrain from drivin$ ntila settlement cold be reached with the -eep owner. 3rom then on, Nieva woldreport for wor/ only to be told to wait ntil his case was settled. 4he case was

finally settled on 2ly 56, "", with Philtranco payin$ for the dama$es to the-eep. 4hree days thereafter, Nieva reported for wor/, bt he was re7ested to file a

new application as he was no lon$er considered an employee of Philtranco,alle$edly for bein$ absent withot leave from ctober " to November 56, "".

&&rieved ' this turn of events, Nieva filed a (o"plaint for ille&al dis"issal and%-th"onth pa' )ith the NLR!.s National !apital Re&ion ritration /ran(h in 0anila,

)hi(h do(keted the sa"e as NLR! N!R !ase No* 1-21%3$%2$#* The (ase )assuse4uentl' assi&ned to Laor riter !ornelio L* Linsan&an*

8/12/2019 Philtranco Service Enterprises, Inc. vs. NLRC and Nieva

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8/12/2019 Philtranco Service Enterprises, Inc. vs. NLRC and Nieva

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%* The NLR! (o""itted &rave ause of dis(retion a"ountin& to la(k of :urisdi(tion)hen it denied the "otion of Philtran(o to dis"iss (o"plaint ased on i"propervenue;

#* The !o""ission &ravel' aused its dis(retion a"ountin& to la(k or in e(ess of:urisdi(tion in rulin& that Philtran(o should e i"posed a(k)a&es and

separation pa';

-* Respondent !o""ission a(ted )ith &rave ause of dis(retion a"ountin& to la(kof :urisdi(tion as to its findin&s of fa(ts and )hen it (onfir"ed the laor ariter.sde(ision that there )as no aandon"ent of )ork ' the private respondent andthat the latter sho)ed his persisten(e to return to )ork*

The petition la(ks "erit*

s re&ards the first issue, this !ourt has previousl' de(lared that the 4uestion ofvenue essentiall' pertains to the trial and relates "ore to the (onvenien(e of theparties rather than upon the sustan(e and "erits of the (ase* 97Provisions on venueare intended to assure (onvenien(e for the plaintiff and his )itnesses and to pro"otethe ends of :usti(e* In fa(t, Se(tion %petitioner.s )orkpla(e, evidentl' sho)in& that the rule is intended for thee(lusive enefit of the )orker* This ein& the (ase, the )orker "a' )aive saidenefit*57

?urther"ore, the aforesaid Se(tion has een de(lared ' this !ourt to e "erel'per"issive* In Da'a& vs* NLR!,67this !ourt held that+

84his provision is obviosly permissive, for the said section ses the word @may,

allowin$ a different vene when the interests of sbstantial -stice demand adifferent one. In any case, as stated earlier, the &onstittional protection accorded

to labor is a paramont and compellin$ factor, provided the vene chosen is notalto$ether oppressive to the employer.