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 certiorari under Rule 65, the reversal of the resolution of the National Laor Relations !o""ission dated Nove"er #$, %$$5, orderin& petitioner to pa' private respondent Roerto Nieva a(k )a&es and separation 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 ro(te. )n *ay +, ",", Nieva sideswiped an owner' type -eep, dama$in$ the latter.s par/ li$ht. 0nfort(nately, the vehicle.s owner t(rned o(t to be a P& colonel who arrested Nieva and bro($ht him to & &rame where the correspondin$ criminal complaint was filed a$ainst him. Nieva obtained his release from detention by virt(e of a bail bond sec(red by Philtranco. 1e was s(spended by the latter for thirty days effective 2(ne ,, ",". Nieva reported bac/ to wor/ after servin$ his s(spension. A few days after res(min$ his drivin$ d(ties, however, he was re'arrested on the $ro(nd that his bail bond was fa/e. Nieva reported the incident to the mana$ement of Philtranco. )n )ctober +, ",", Nieva was advised by Philtranco.s administrative officer, Epifanio %lado, that to avoid re'arrest, he wo(ld have to refrain from drivin$ (ntil a settlement co(ld be reached with the -eep owner. 3rom then on, Nieva wo(ld report for wor/ only to be told to wait (ntil his case was settled. 4he case was finally settled on 2(ly 56, "", with Philtranco payin$ for the dama$es to the -eep. 4hree days thereafter, Nieva reported for wor/, b(t he was re7(ested to file a new application as he was no lon$er considered an employee of Philtranco, alle$edly for bein$ absent witho(t 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 )as suse4uentl' assi&ned to Laor ,riter !ornelio L* Linsan&an* Philtran(o did not appear at the first four (onferen(es s(heduled ' the ariter, pro"ptin& the latter to )arn Philtran(o that it )ould e de(lared in default if it failed to appear at the ne5t hearin&* Threatened )ith su(h an eventualit', Philtran(o.s representative finall' appeared* On ,u&ust #3, %$$#, it filed a position paper )ith "otion to dis"iss, statin&, a"on& other thin&s, that the (o"plaint should have een lod&ed )ith the NLR!.s Re&ional ,ritration /ran(h in Le&aspi !it', not onl' e(ause Nieva )as a resident thereof, ut also e(ause the latter )as hired, assi&ned, and ased in Le&aspi !it'* 6%7 The "otion to dis"iss )as denied ' the laor ariter in an order dated 8anuar' #6, %$$-* Nieva then presented his eviden(e* On ,u&ust -1, %$$-, Philtran(o filed a se(ond "otion to dis"iss, )hi(h )as like)ise denied ' the ariter on the &round that the sa"e did not raise an' ne) ar&u"ents* Thereafter, Philtran(o presented its eviden(e to prove that Nieva had aandoned his )ork, havin& een asent )ithout leave fro" O(toer %$ to Nove"er #1, %$3$* ,fter (onsiderin& the eviden(e of the parties, the laor ariter &ave "ore (reden(e to Nieva.s version of fa(ts, findin& that the latter.s asen(es )ere in(urred )ith Philtran(o.s per"ission, sin(e he )as instru(ted not to drive until his (ase )as settled* The ariter dis"issed Philtran(o.s alle&ation that Nieva had aandoned his )ork, statin& that+ 8Persistence in p(rs(in$ his claim before the %abor Arbiter ne$ates alle$ation of abandonment (Antonio Evan$elista vs. N%R& and Art(ro *endo9a, "+ S&RA :6!). In the instant case, even before complainant filed his present complaint he had already shown his determination (and) persistence to ret(rn to his wor/ as he (ntirin$ly /ept on reportin$ for d(ty. In fact, as ordered by his s(pervisor in %e$aspi &ity, he even went to respondent.s main office in Pasay &ity to tal/ to the operations mana$er re$ardin$ his ret(rn to wor/. 4here co(ld be no better manifestation of one.s interest to his wor/ than what complainant had done. ;efinitely, therefore, complainant did not abandon his -ob.< =5> Thus, on 8une %9, %$$9, the laor ariter rendered a de(ision a)ardin& a(k )a&es and separation pa' to Nieva* Said de(ision )as seasonal' appealed to the NLR! ' Philtran(o* In a resolution issued on Septe"er %5, %$$5, the NLR! affir"ed the de(ision of the laor ariter, &rantin& a(k )a&es and separation enefits as follo)s+ 8PRE*ISES &)NSI;ERE;, ?1ERE3)RE, respondent is directed to pay individ(al complainant Roberto Nieva both his bac/wa$es in the amo(nt of P:#,!"5.66 PES)S and separation benefits in the amo(nt of P!!,:":.66 PES)S. S) )R;ERE;.< =!> Philtran(o.s "otion for re(onsideration of said resolution havin& een like)ise denied ' the NLR! in its resolution of Nove"er #$, %$$5, Philtran(o elevated its (ase to this !ourt, raisin& the follo)in& issues+ %* 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"proper venue; #* The !o""ission &ravel' aused its dis(retion a"ountin& to la(k or in e5(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(k of :urisdi(tion as to its findin&s of fa(ts and )hen it (onfir"ed the laor ariter.s de(ision that there )as no aandon"ent of )ork ' the private respondent and that 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 of venue essentiall' pertains to the trial and relates "ore to the (onvenien(e of the parties rather than upon the sustan(e and "erits of the (ase* 697 Provisions on venue are intended to assure (onvenien(e for the plaintiff and his )itnesses and to pro"ote the ends of :usti(e* In fa(t, Se(tion %<a=, Rule IV of the Ne) Rules of Pro(edure of the NLR!, (ited ' Philtran(o in support of its (ontention that venue of the ille&al dis"issal (ase filed ' Nieva is i"properl' laid, speaks of the (o"plainant>petitioner.s )orkpla(e, evidentl' sho)in& that the rule is intended for the e5(lusive enefit of the )orker* This ein& the (ase, the )orker "a' )aive said enefit* 657 ?urther"ore, the aforesaid Se(tion has een de(lared ' this !ourt to e "erel' per"issive* In Da'a& vs* NLR!, 667 this !ourt held that+ 84his provision is obvio(sly permissive, for the said section (ses the word @may,. allowin$ a different ven(e when the interests of s(bstantial -(stice demand a different one. In any case, as stated earlier, the &onstit(tional protection accorded to labor is a paramo(nt and compellin$ factor, provided the ven(e chosen is not alto$ether oppressive to the employer.< 0oreover, Nieva, as a driver of Philtran(o, )as assi&ned to the Le&aspi !it'2 Pasa' !it' route* Sulpi(io Lines, In(* vs* NLR! 6@7 is e5a(tl' in point* In said (ase, )e held that+ 8Section , R(le IA of the ""6 N%R& R(les additionally provides that, @for p(rposes of ven(e, wor/place shall be (nderstood as the place or locality where the employee is re$(larly assi$ned when the ca(se of action arose.. Since the private respondent.s re$(lar place of assi$nment is the vessel *A &otabato Princess which plies the *anila'Estancia'Iloilo'Bamboan$a'&otabato ro(te, we are of the opinion that %abor Arbiter Arth(r %. Amansec was correct in concl(din$ that *anila co(ld be considered part of the complainant.s territorial wor/place.< ?ro" the fore&oin&, it is ovious that the filin& of the (o"plaint )ith the National !apital Re&ion ,ritration /ran(h )as proper, 0anila ein& (onsidered as part of Nieva.s )orkpla(e ' reason of his pl'in& the Le&aspi !it'2Pasa' !it' route* ,s re&ards the se(ond and third issues, Philtran(o (ontends that the NLR! (o""itted &rave ause of dis(retion )hen it affir"ed the laor ariter.s findin& of non2aandon"ent ' Nieva of his )ork* It harps on the alle&ed pau(it' of Nieva.s eviden(e, )hile (itin& the nu"erous e5hiits "arshaled on its ehalf* Philtran(o (ites, as proof of Nieva.s aandon"ent of his )ork, t)o irre&ularit' reports to the effe(t that Nieva )as asent )ithout leave fro" O(toer %$2-% and Nove"er %2 #1, %$3$; a letter fro" Philtran(o.s assistant "ana&er to Nieva re4uirin& the latter to report )ithin five da's fro" re(eipt thereof, on pain of ein& dropped fro" the roll; and a ter"ination letter fro" Philtran(o.s (o"pan' la)'er to Nieva, for his failure to report for )ork as dire(ted* Suffi(e it to sa' that these issues raised ' Philtran(o relate to the vera(it' of the findin&s of fa(t of the NLR! and the laor ariter* It should e noted that a petition for certiorariunder Rule 65 of the Rules of !ourt )ill prosper onl' if there is a sho)in& of &rave ause of dis(retion or an a(t )ithout or in e5(ess of :urisdi(tion on the part of the National Laor Relations !o""ission* It does not in(lude an in4uir' as to the (orre(tness of the evaluation of eviden(e )hi(h )as the asis of the laor offi(ial or offi(er in deter"inin& his (on(lusion* It is not for this !ourt to re2e5a"ine (onfli(tin& eviden(e, re2evaluate the (rediilit' of )itnesses, nor sustitute the findin&s of fa(t of an ad"inistrative triunal )hi(h has &ained e5pertise in its spe(ial field* 637 Parentheti(all', the laor ariter, in findin& that Nieva did not aandon his :o, held that+ 8&omplainant cate$orically stated in his position paper and Sinumpaang Salaysay that on + )ctober "," he was instr(cted by Epifanio %lado, respondent company.s administrative officer, not to drive his vehicle (ntil the case filed by the P& &olonel arisin$ from the vehic(lar accident is settled. 4his assertion repeatedly made by complainant was never ref(ted by respondent. S(ch bein$ the case, the respondent cannot conveniently contend that the absence of complainant was witho(t permission.< ="> !onsiderin& that the findin&s of fa(t of the Laor ,riter and the NLR! are supported ' eviden(e on re(ord, the sa"e "ust e a((orded due respe(t and finalit'* 6%17 Like)ise, the laor ariter (onsidered Nieva.s asen(e fro" )ork as not e4uivalent to aandon"ent* Ae a&ree* Ti"e and a&ain, )e have held that the i""ediate filin& of a (o"plaint for ille&al dis"issal ' an e"plo'ee, as in this (ase, is in(onsistent )ith aandon"ent* 6%%7 ?ro" the fore&oin&, )e hold that the NLR! did not (o""it ause of dis(retion, "u(h less &rave ause, )hen it denied Philtran(o.s "otion to dis"iss Nieva.s (o"plaint on the &round of i"proper venue and affir"ed the laor ariter.s a)ard of a(k )a&es and separation pa' to the latter* &HERE'ORE, findin& no &rave ause of dis(retion (o""itted ' puli( respondent NLR!, the assailed Resolution of Nove"er #$, %$$5 is ,??IR0BD and this petition is here' DIS0ISSBD for la(k of "erit* !osts a&ainst petitioner* SO OR$ERE$. Narvasa, C.J., (Chairman), Kapunan, and Purisima, JJ., (on(ur. 6%7 Philtran(o ases its position on Se(tion %<a=, Rule IV of the Ne) Rules of Pro(edure of the National Laor Relations !o""ission, )hi(h provides+ CSe(tion %* Venue* D a= ,ll (ases )hi(h Laor ,riters have authorit' to hear and de(ide "a' e filed in the Re&ional ,ritration /ran(h havin& :urisdi(tion over the )orkpla(e of the (o"plainant>petitioner* ?or purposes of venue, )orkpla(e shall e understood as the pla(e or lo(alit' )here the e"plo'ee is re&ularl' assi&ned )hen the (ause of a(tion arose* It shall in(lude the pla(e )here the e"plo'ee is supposed to report a(k after a te"porar' detail, assi&n"ent or travel* In the (ase of field e"plo'ees, as )ell as a"ulant or itinerant )orkers, their )orkpla(e is )here the' are re&ularl' assi&ned, or )here the' are supposed to re&ularl' re(eive their salaries>)a&es or )ork instru(tions fro", and report the results of their assi&n"ent to, their e"plo'ers* 555 555 555*E 6#7 Rollo, p* %#%* 6-7 Ibid, p* %99* 697 Da'a& vs* NLR!, F*R* No* %#9%$-, 0ar(h 6, %$$3* 657 NestlG Philippines, In(* vs* NLR!, #1$ S!R, 3-9 <%$$#=* 667 Supra, Note 9* 6@7 #59 S!R, 51@ <%$$6=* 637 N?L vs* NLR!, F*R* No* %%-966, De(e"er %5, %$$@, (itin& !o"Savin&s /ank vs* NLR!, #5@ S!R, -1@ <%$$6=* 6$7 Rollo, p* %#1* 6%17 !o"Savin&s /ank v. NLR!, supra* 6%%7 P,SHDB!O vs* NLR!, F*R* No* %%#651, 0a' #$, %$$@; 8a(kson /uildin& !ondo"iniu" !orporation vs* NLR!, #96 S!R, -#$ <%$$5=; Ranara vs* NLR!, #%# S!R, 6-% <%$$#=*