Austria v. NLRC G.R. No.
124382 August 16, 1999 5) Commission of an offense against the person of employer's duly
KTA: Relationship of the church as an employer and the minister as
an employee is purely secular in nature because it has no relation with
the practice of faith, worship or doctrines of the church, such affairs
are governed by labor laws. The Labor Code applies to all
establishments, whether religious or not.
Facts:
The Seventh Day Adventists(SDA) is a religious corporation
under Philippine law. The petitioner was a pastor of the SDA for 28
years from 1963 until 1991, when his services were terminated.
On various occasions from August to October 1991, Austria
received several communications form Ibesate, the treasurer of the
Negros Mission, asking him to admit accountability and responsibility
for the church tithes and offerings collected by his wife, Thelma
Austria, in his district and to remit the same to the Negros Mission.
The petitioner answered saying that he should not be made
accountable since it was Pastor Buhat and Ibesate who authorized his
wife to collect the tithes and offerings since he was very ill to be able
to do the collecting.
A fact-finding committee was created
to investigate. The petitioner received a letter of dismissal citing:
1) Misappropriation of denominational funds;
2) Willful breach of trust;
3) Serious misconduct;
4) Gross and habitual neglect of duties; and
authorized representative as grounds for the termination of his
services.
Petitioner filed a complaint with the Labor Arbiter for illegal
dismissal, and sued the SDA for reinstatement and backwages plus
damages. Decision was rendered in favor of petitioner.
SDA appealed to the NLRC. Decision was rendered in favor of
respondent.
Issue:
1. Whether or not the termination of the services of the petitioner is an
ecclesiastical affair, and, as such, involves the separation of church and
state.
2. Whether or not the Labor Arbiter/NLRC has jurisdiction to try and
decide the complaint filed by petitioner against the SDA.
Held/Ratio:
1. No. The matter at hand relates to the church and its religious
ministers but what is involved here is the relationship of the church as
an employer and the minister as an employee, which is purely
secular because it has no relationship with the practice of faith,
worship or doctrines. The grounds invoked for petitioners
dismissal are all based on Art. 282 of Labor Code.
2. Yes. SDA was exercising its management prerogative (not religious
prerogative) to fire an employee which it believes is unfit for the job. It
would have been a different case if Austria was expelled or
excommunicated from the SDA.