Globe-Mackay Cable and Radio Corporation (GMRC), Petitioner v National Labor Relations Commission (NLRC) and

Imelda Salazar, Respondents

G.R. No. 82511, March 3, 1992

Facts:

Private Respondent, "Imelda Salazar" was employed as general systems analyst of Globe-Mackay Cable and Radio
Corp. (GMRC) While Delfin Saldivar, her close friend, was employed as technical operations' support manager in May
1982.

Petitioner GMRC investigated Saldivar's activities due to the reports indicating that the company equipment and
spare parts were in custody of Saldivar. The internal audit report also indicated that Saldivar entered into a
partnership with Richard A. Yambao, owner and manager of Eledon Engineering Services (Elecon), a supplier often
recommended by Saldivar to the petitioner. It also appeared in the course of Maramara's investigation that Imelda
Salazar violated company regulations by involving herself in transactions with conflict of interest with the company.
Evidence showed that she signed as a witness to the articles of partnership between Yambao and Saldivar, and that
she had full knowledge of the loss and whereabouts of the missing air conditioner but she failed to inform her
employer.

The Company placed Salazar under 1 month preventive suspension, allowing her 30 days within which to explain her
side. However, Salazar instead filed a complaint against petitioner for illegal suspension, which was later modified
to illegal dismissal.

The Labor arbiter ordered the company to reinstate Salazar to her former and equivalent position and to pay her full
back wages and benefits, plus moral damages. National Labor Relations Commission (NLRC) affirmed the labor
arbiter's decision but limited back wages for only two years and deleted the award of moral damages.

Issue:

Whether or Not the action of dismissal would constitute a violation of Art. 279 of the Labor Code, which protects
the security of tenure of an employee.

Ruling:

Positive. The Court did not agree on the petitioner's action of suspension and eventual dismissal of Salazar due to
lack of evidence to show that Salazar was involved with the malicious activities of Saldivar.

The wordings of the Labor Code is clear and unambiguous "An employee who is unjustly dismissed from work shall
be entitled to reinstatement and full back wages." Under the principle of Statutory Construction, if a statute is clear,
plain and free from ambiguity. It must be given its literal meaning and applied without attempted interpretation.
The plain meaning rule or Verba Legis derived from the maxim "Speech is the index of intention" should be applied
in this case.

Since there is no evidence to show an authorized or legal dismissal, and GMRC only relied to an internal audit
findings, Salazar, according to the Labor Code, is entitled to reinstatement and full back wages allowed by the Court.