ANFLO Management, Lagdameo v Bolanio

GR 141608, October 4, 2002

Corona, J.:

FACTS:

Rodolfo Bolanio was an employee driver of ANFLO Management & Investment Corp. in 1992.
Bolanio was assigned to the residence of the corporation’s senior VP Linda F. Lagdameo, at Dasmarias
Village; Bolanio was tasked to transport Linda’s daughter, Regina Floirendo Lagdameo to and from her
work at Sky Cable in Quezon City.

On November 3, 1994, Bolanio got into a heated argument with Regina regarding which road
directions to take, upon the arrival home at Dasmarias Village, Linda confronted Bolanio and accused
him of verbally abusing her daughter, as Bolanio tried to clarify what happened, Linda ignored his
defense and shouted “YOU’RE FIRED” at him; Bolanio was ordered to return his company ID and his
uniform, he was not allowed to report for work anymore.

On November 4, 1994, Bolanio filed a complaint for illegal dismissal. ANFLO Corp. denied
Bolanio’s assertions and claimed that he failed to report for work on November 4. 1994; and on
December 28, 1995, the Labor Arbiter dismissed the complaint on the ground that Bolanio abandoned
his work.

Bolanio appealed to the NLRC, and the Labor Arbiter’s decision was reversed and set aside on
February 25, 1997, and directed Bolanio to report for work, and for ANFLO Corp. to hire back as
company driver; and held that Bolanio did not abandon his work, as he was illegally dismissed by ANFLO
Corp.

Aggrieved ANFLO Corp. filed a petition for certiorari with the Court of Appeals, but was
dismissed; after which they filed for reconsideration but was denied.

Hence, the current petition.

ISSUES:

1. Whether or not Bolanio was unlawfully dismissed by ANFLO Corp.?

2. Whether or not Bolanio abandoned his work?

RULING:

1. Yes. Records show that after Bolanio’s argument with Regina, he was reprimanded by Linda
Lagdameo and terminated verbally when she screamed “YOU’RE FIRED!” at him; and was ordered to
surrender his ID and uniform, and these orders came from the Senior Vice-President of the corporation.
These circumstances clearly indicate the SVP of her intention to dismiss Bolanio’s services, and Bolanio’s
understanding that he was being terminated; Jurisprudence dictates that two requirements are
necessary for a valid dismissal to take place: Notice and hearing; ANFLO merely dismissed Bolanio
without any substantive and procedural due process to defend himself, and there was no showing of
any legal or valid cause for Bolanio’s termination.

2. No. Two elements must be proven for declaring a person has abandoned his work: Absence without a
valid or justifiable reason, and a clear intention to sever the employer-employee relationship; proving
these falls upon the employer.

No evidence was shown other than Bolanio being absent fromwork which is not sufficient proof.
Bolanio’s filing of illegal dismissal was proof of his desire to return to work, rather than abandon it.

DISPOSITION:

In its decision dated October 4, 2002, the courts deny the petition and assailed decision of the CA is
affirmed.