Firestone Tire and Rubber Company of the Philippines, petitioner, vs. Carlos Lariosa and National Labor Relations Commission, respondents ( February 27, 1987)

Facts:

Carlos Lariosa, worked in Firestone Tire and Rubber Company for 11 years as a tire builder. On July 27, 1983, on his way out the company premises, he was frisked by security Lizo and Olvez. They found 16 wool flannel swabs inside his bag tucked underneath his soiled clothes, all belonging to the company. He was then dismissed effective on August 2, 1983 through letter of Ms. Villavicani, company president, based on “stealing company property and loss of trust”. Lariosa on the other hand filed with the Labor and Employment a case for illegal dismissal. The Labor Arbiter found Laniosa’s dismissal justified but was reversed by the NLRC onappeal and held that Lianosa be reinstated but without backwages.

Issue:

Whether the act of Firestone Tire and Rubber Company was within the realm on laws on Protection to Labor Law

Held:

From the records, it is likewise clear that Firestone did not act arbitrarily in terminating Linasosa’s services. Based on records, an investigation of the incident was conducted in the presence of Lianosa, the Union President, and the Security Guards who witnessed the attempted asportation. Thus, we cannot agree with the NLRC’s conclusion that even if Firestone has substantial proof, it did not observe statutory requirements of due process. Under Article 283 of the Labor Code, an employer may terminate an employee for serious misconduct. ‘If there is sufficient evidence that an employee has been guilty of a breach of trust/ that his employer has ample reason to distrust him, the Labor tribunal cannot justly deny to the employer the authority to dismiss such employee. ’Wherefore, petition granted. NLRC decision is hereby set aside.