JOVITO QUISABA v. STA.
INES-MELALE VENEER & PLYWOOD [SIMVP]
1974
/ Castro
FACTS
Quisaba
was an internal auditor of SIMVP for 18 years. On January 1973, SIMVP VP Robert
Hyde instructed him to purchase logs for the company's plant, but Quisaba, he
refused to do so, saying that such task is inconsistent with his position. The
next day, Hyde informed Quisaba of his temporary relief as internal auditor so
that he could carry out the instructions given. Hyde warned him that failure to
comply would be considered a ground for his dismissal.
Quisaba filed a complaint for moral damages,
exemplary damages, termination pay and attorney's fees against SIMVP and its VP
Robert Hyde. Quisaba was NOT asking for backwages nor reinstatement. Quisaba
alleged that due to SIMVP’s acts, he suffered mental anguish, serious anxiety,
besmirched reputation, wounded feelings, moral shock and social humiliation.
SIMVP moved to dismiss the complaint on the ground
of lack of jurisdiction of the CFI, asserting that the proper forum is the NLRC.
Quisaba opposed this, and he informed the court that an NLRC representative
said that NLRC has no jurisdiction over claims or suits for damages arising out
of employee-employer relationship. Nonetheless, CFI granted the motion to
dismiss on the ground that the complaint involves an employee-employer
relation.
ISSUE & HOLDING
Who
has jurisdiction over the case? CFI has
jurisdiction. This is a CIVIL dispute, not a labor dispute.
RATIO
This
case is concerned with a civil (not a labor) dispute, as it has to do with an
alleged violation of Quisaba's rights as a member of society, and it does not
involve an existing employee-employer relation within the meaning of PD 21,
Sec. 2(1).
Civil law consists of that mass of
precepts that determine or regulate the relations that exist between members of
a society for the protection of private interests.
NLRC
jurisdiction is defined by PD 21, Sec. 2.
- All matters involving employee-employer relations including all disputes and grievances which may otherwise lead to strikes and lockouts under RA 875
- All strikes overtaken by Proc. 1081
- All pending cases in the Bureau of Labor Relations.
Although
the acts complained of seemingly appear to constitute "matters involving
employee-employer relations," Quisaba’s complaint is grounded on the manner of his dismissal and the consequent effects of such dismissal, not
on his dismissal per se, as he does not ask for reinstatement or backwages.
The "right" of
SIMVP to dismiss Quisaba should not be confused with the manner in which the
right was exercised and the effects flowing therefrom. If the dismissal was done
anti-socially or oppressively, then SIMVP violated the following:
- NCC 1701 – prohibits acts of oppression by either capital or labor against the other
- NCC 21 – makes a person liable for damages if he willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy
Moral damages may be
recovered in acts and actions referred to in NCC 21. [NCC 2219 (10)]
ORDER SET ASIDE; CASE
REMANDED FOR FURTHER PROCEEDINGS
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