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Norman Yabut v. Manila Electric Company and Manuel M. Lopez GR 190436, January 16, 2012. Facts

The Supreme Court ruled that the Court of Appeals did not commit an error in annulling the NLRC's decision declaring Norman Yabut illegally dismissed by Manila Electric Company. Yabut, a branch field representative of Meralco, was found to have shunting wires installed at his residence to access power despite his account being disconnected for non-payment. The Supreme Court found that Yabut's dismissal was justified due to his fraudulent act of tampering with the electric meter, which was directly related to his job duties and violated company rules. Procedural due process requirements were also deemed satisfied. The dismissal was therefore ruled valid.

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97 views

Norman Yabut v. Manila Electric Company and Manuel M. Lopez GR 190436, January 16, 2012. Facts

The Supreme Court ruled that the Court of Appeals did not commit an error in annulling the NLRC's decision declaring Norman Yabut illegally dismissed by Manila Electric Company. Yabut, a branch field representative of Meralco, was found to have shunting wires installed at his residence to access power despite his account being disconnected for non-payment. The Supreme Court found that Yabut's dismissal was justified due to his fraudulent act of tampering with the electric meter, which was directly related to his job duties and violated company rules. Procedural due process requirements were also deemed satisfied. The dismissal was therefore ruled valid.

Uploaded by

Tiff Dizon
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Norman Yabut v. Manila Electric Company and Manuel M.

Lopez; GR 190436, January


16, 2012.
Facts:
Petitioner is a Branch Field Representative in Meralco tasked, among other things, to conduct
surveys on service applications, test electric meters, investigate consumer-applicants' records of
Violations of Contract (VOC) and perform such other duties and functions as may be required by
his superior.. Meralco's Inspection Office issued a memorandum of an illegal service connection
at the petitioner's residence wherein wires were installed on the meter base registered under
petitioner 's name. These wires allegedly allowed power transmission to the petitioner's residence
despite the fact that Meralco had earlier disconnected his electrical service due to his failure to
pay his electric bills.

Petitioner denied knowing the person who installed the discovered shunting wires. While he did
not always go home to their house in Bulacan as there were times when he stayed in his sister's
residence in Malabon, the petitioner confirmed that he was regularly in his Bulacan house. His
residence had electricity even prior to the full settlement of his outstanding bills through a
connection made to the line of his neighbor Jojo Clemente. Yabut's meter registered electric
consumption.

Due to this, petitioner was dismissed from work.

Yabut filed with the NLRC a complaint for illegal dismissal and money claims against Meralco
Then, the LA declared the petitioner illegally dismissed and observed that there was no clear and
direct evidence to prove that petitioner performed the shunting of his metering installation. The
act imputed upon petitioner was not related to the performance of his duties as a Meralco
employee, but as a customer of the company's electric business. It was also ruled that Meralco
failed to observe the twin requirements of due process in termination cases. The records are
bereft of any evidence showing that the petitioner was apprised of the particular acts or
omissions for which his dismissal was then sought.
The NLRC denied for lack of merit the respondents’ motion for reconsideration.
The CA annulled and set aside the NLRC's resolutions.

Issue:

1. Whether or not the CA committed an error of law in annulling and setting aside the
resolutions of the NLRC that declared the herein petitioner illegally dismissed by the
respondents.

Ruling:

1. No. The dismissal of the petitioner was founded on just causes under Article 282 of the
Labor Code. The dismissal is also justified as the act imputed upon the petitioner
qualifies as “fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative”. Petitioner's employment was also
terminated by the herein respondents for violation of Section 7, par. 3 of Meralco's
Company Code on Employee Discipline, and for the existence of just cause.

In this case, petitioner’s claim that he failed to know or even notice the shunted wires
fails to persuade as the SC consider the meter located in the front of his house, the nature
of his work as branch field representative, his long-time employment with Meralco and
his familiarity with illegal connections of this kind.

“Tampering with electric meters or metering installations of the Company or the


installation of any device, with the purpose of defrauding the Company” is classified as
an act of dishonesty from Meralco employees, expressly prohibited under company rules.

It is reasonable that its commission is classified as a severe act of dishonesty, punishable


by dismissal even on its first commission, given the nature and gravity of the offense and
the fact that it is a grave wrong directed against their employer.

Installation of shunting wires is without doubt a serious wrong as it demonstrates an act


that is willful or deliberate, pursued solely to wrongfully obtain electric power through
unlawful means. The act clearly relates to the petitioner's performance of his duties given
his position as branch field representative who is equipped with knowledge on meter
operations, and who has the duty to test electric meters and handle customers' violations
of contract. As a supervisor with duty and power that included testing of service meters
and investigation of violations of contract of customers, his position can be treated as one
of trust and confidence, requiring a high degree of honesty as compared with ordinary
rank-and-file employees. The acts complained of were clearly work-related because they
related to matters the petitioner handled as branch field representative.

Moreover, the requirements of procedural due process were satisfied.

Therefore, the SC concluded that petitioner committed a serious misconduct and loss of
trust and confidence.

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