CESAR NAGUIT v.

SAN MIGUEL CORPORATION

G.R. No. 188839, 22 June 2015, THIRD DIVISION (Peralta, J.)

The act of assulting another employee is a serious misconduct which justifies the termination
of employment.

Cesar Naguit (Naguit) was employed as a machine operator in San Miguel Corporation
(SMC). Naguit had an argument with his co-employee, Renato Regala (Regala), inside the premises
of SMCs plant in Canlubang. Regala went to the plant to distribute anti-union materials that are
libelous and defamatory, Naguit as union steward confronted Regala, which developed into a
heated argument. At the course of the argument, Naguit elbowed Regala, hitting him on the face that
caused him to lose balance and fall on the ground.

Upon investigation, the company-designated investigator found Naguit guilty of willful

injury to another employee within company premises, an infraction of the company's rules and
regulations. Thereafter, SMC informed Naguit of the termination of his employment on the basis of
the findings and recommendation of the investigator. Naguit then filed a complaint for illegal
dismissal against SMC.

ISSUE:

Whether or not petitioner is illegally dismissed.

RULING:

NO. The Court finds no cogent reason to depart from the findings that Naguit was validly
dismissed from his employment. Moreover, substantial evidence exists to show that Naguit
committed acts which are tantamount to serious misconduct and willful disobedience of company
rules and regulations.

The settled rule is that fighting within company premises is a valid ground for the dismissal
of an employee, the act of assaulting another employee is serious misconduct which justifies the
termination of employment.