SC rules dismissal of guard justified

The Supreme Court has cleared the officials of Cebu-based San Miguel Corporation of any liability to one of its employees who they terminated from his job 14 years ago because of insubordination.

Justice Antonio Carpio —who penned the decision that was concurred with by the members of the SC’s first division headed by Chief Justice Reynato Puno— said the dismissal of Angel Pontillas as company’s guard has enough basis.

The High Court overturned the findings of the Court of Appeals that affirmed the ruling of the National Labor Relations Commission directing the beer company to pay damages and other backwages to Pontillas.

The case was a result of the merger of some of the company’s branches to form the Visayas-Mindanao (VisMin) Operations Center based in Mandaue City.

Pontillas used to be a company guard assigned to Oro Verde Warehouse under Segundino Fortich, but after the OVW was merged to VisMin, he refused to report to the newly-designated security supervisor as he insisted he will only take orders from Fortich.

The records also showed that a few weeks before the merger, Pontillas filed a complaint against his employer allegedly because he was not afforded with the correct amount of compensation, unlike other guards.

He also allegedly refused to follow the instructions of the new security supervisor that prompted the company to dismiss him from his job for insubordination and willful disobedience.

The labor arbiter ruled to dismiss the complaint against the SMC, saying “as a consequence of the merger, the instructions and orders to all security personnel should necessarily come from the security officer of the new organization.”

When Pontillas elevated the case to the labor court, the NLRC ruled and ordered the beer company to reinstate Pontillas to his job with full backwages, and if the reinstatement be no longer feasible, he should be afforded with separation pay, backwages and other benefits.

The beer company then elevated the case to the appellate court, but it failed to secure a favorable ruling that prompted its management to refer the matter to the High Court.

SC has ruled that SMC should not be made liable to Pontillas for terminating him from his job.  The records show that Pontillas was not singled out for the transfer.

“Pontillas’ transfer was the effect of the integration of the functions of the Mandaue Brewery – Materials Management and the Physical Distribution group into a unified logistics organization, the VisMin Logistics Operations,” the SC ruling read.  — Rene U. Borromeo/BRP