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184011

184011

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G.R. No. 184011. September 18, 2013
Reynaldo Hayan Moya Vs. First Solid Rubber Industries, Inc.
G.R. No. 184011. September 18, 2013
Reynaldo Hayan Moya Vs. First Solid Rubber Industries, Inc.

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Published by: The Supreme Court Public Information Office on Oct 07, 2013
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11/30/2014

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Decision 2 G.R. No. 184011Decision dated February 28, 2006 of the Labor Arbiter Pablo C. Espiritu[,]Jr. is
MODIFIED
by deleting the award for separation pay in favor of  private respondent Reynaldo Hayan Moya.
3
 
The facts as gathered by this Court follow:On 25 January 2005, Moya filed before the NLRC-National CapitalRegion a complaint for illegal dismissal against First Solid Rubber Industries, Inc. (First Solid) and its President Edward Lee Sumulong. In hiscomplaint-affidavit,
4
Moya alleged that:1.
 
Sometime in May 1993, he was hired by the company First Solid, a business engaged in manufacturing of tires and rubbers, as a machineoperator;2.
 
Through years of dedication to his job, he was promoted as head of the Tire Curing Department of the company;3.
 
On October 15, 2004, he reported an incident about an undercuring of tires within his department which led to the damage of five tires;4.
 
The company conducted an investigation of the incident and he waslater required to explain;5.
 
In his explanation, he stated that the damage was caused by machinefailure and the incident was without any fault of the operator;6.
 
Despite his explanation of what transpired, he was terminated by thecompany through a letter dated November 9, 2004.
 
From the foregoing, he prayed that payment of backwages, separation pay, moral damages and exemplary damages be adjudged in his favor due tothe illegal dismissal he suffered from the company.Moya, through his Reply,
5
added that his termination fell short of anyof the just causes of serious misconduct, gross and habitual neglect of dutiesand willful breach of trust. He pointed out that the company failed to prove
3
Id. at 199-200.
4
Id. at 25-28.
5
CA
rollo
, pp. 80-81.
 
Decision 3 G.R. No. 184011
that his act fell within the purview of improper or wrong misconduct, and that a single act of negligence as compared to eleven (11) years of service of good record with the company will not justify his dismissal.First Solid, in its Position Paper,
6
Reply
7
and Memorandum,
8
admitted that Moya was a former employee of the company and was holding the position of Officer-in-Charge of the Tire Curing Department until his valid dismissal. However, it denied that it illegally dismissed Moya and maintained that his severance from the company was due to a valid exerciseof management prerogative.
9
The company insisted on its right to validlydismiss an employee in good faith if it has a reasonable ground to believethat its employee is responsible of misconduct, and the nature of his participation therein renders him absolutely unworthy of the trust and confidence demanded by his position.
10
 Opposing the story of Moya, the company countered that Moya, whowas exercising supervision and control over the employees as a departmenthead, failed to exercise the diligence required of him to see to it that themachine operator, Melandro Autor, properly operated the machine. This actis considered as a gross and habitual neglect of duty which caused actuallosses to the company.
11
 During the initial investigation, Moya, in his Explanation Letter 
12
 dated 15 October 2004, insisted that the cause of the damage of five (5) tireswas due to premature hauling of the tires below curing time. Unsatisfied with the explanation, the company sent Moya a Letter 
13
dated 26 October 2004 stating that he failed to explain what really transpired in theundercuring of tires. The company informed Moya that the damage wascaused by the operator’s unlawful setting of the timer from manual toautomatic without Moya’s permission. To make the matter worse, Moyafailed to disclose the real situation that the operator was at fault.Moya was given twenty-four (24) hours to defend himself and explainthe matter. In response, Moya admitted in a letter dated 29 October 2004 hismistake of not disclosing the true incident and explained that he found itmore considerate to just let the operator be suspended and be fined for the
6
Id. at 57-68.
7
Id. at 73-79.
8
 
 Rollo
, pp. 41-49.
9
Id. at 34-35.
10
Id. at 34.
11
Id. at 36-37.
12
Id. at 50
13
Annex B, id. at 51.

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