By FELIPE CELINO
ROXAS City – The Department of Labor and Employment’s National Labor Relations Commission (NLRC) Sub-Regional Arbitration Branch No. VI in Iloilo City has ordered Filamer Christian University (FCU) to immediately reinstate the school’s former security officer who was illegally dismissed supposedly for his refusal to allow entry to the university’s Board of Trustees inside the campus during a rally last year.
In a decision issued on September 14 yet, Labor Arbiter Roderick Joseph Calanza also ordered FCU to pay Sunny Isada Balgos P140,864.16 comprising the former’s back wages, 13th month pay, service incentive leave pay and 10 percent of his attorney’s fees. This case was an offshoot of the one involving Dr. Salvio Llanera, acting president of FCU who was also unceremoniously dismissed on November 19, 2011.
The crux of the controversy was when Rev. Eliseo Fantilaga, chairman of the Board of Trustees, and other members of the Board were barred from entering the gate by the security officer when he was recognized with the rallyists.
Balgos filed a complaint against FCU before the NLRC on February 23 for illegal dismissal. FCU earlier argued that Balgos was terminated due to incompetence, dishonesty and gross ignorance.
An inquiry was subsequently made.
In reaching its decision favoring Balgos, the NLRC stressed “a lawful dismissal must meet both substantive and procedural requirements.” “The dismissal must be for a just or authorized cause and must comply with the rudimentary due process of notice and hearing,” it said in its six-page decision.
NLRC granted Balgos’ back wages from the time he was dismissed on December 30, 2011 to the date of the decision. Also, as FCU failed to submit documents showing compliance with the Labor Code-mandated
benefits, the NLRC also granted Balgos his service incentive and 13th month pay. These awards are to be based on his monthly pay of P12,100 per month. Also, 10 percent attorney’s fees are allowed from the totality of the awards as the complainant was forced to hire a counsel to protect his rights.
Instead of separation pay, however, NLRC said the complainant is to be reinstalled to his former position as a security officer of the university. “No evidence was discerned to constrain us to declare there is strained relationship between complainant and respondent,” the decision read. Likewise, for lack of proof, moral and exemplary damages cannot be granted, it added. According to the NLRC, Balgos was merely acting in accordance with the written instructions of
Llanera to close the gates of Filamer on September 24, 2011 and allow only the graduate
students.
It pointed out that if ever the security officer refused entry to the university’s Board of Trustees “the same was not without reason” or just out of plain stubbornness. “Two sides were contending for control of Filamer and it now appears that a clash between the two factions of titans have brought about harm to a mere mortal like the complainant. Let this Branch be his succor,” the NLRC declared. “Filamer failed to address the fact that as a mere security officer, complainant was directly answerable to then President Llanera,” it added.
“The internal conflict within Filamer is a matter of public knowledge and if complainant did not allow anyone other than the students into Filamer, it is not only because of the directive given him but also of his knowledge of the sensitive situation prevailing.”
Meanwhile, as to the co-respondent in the complaint, FCU President Dr. Domingo Diel Jr. has been absolved from any liability as he was just “impleaded by reason of his present position with Filamer.”
