Cabalen Management Co., Inc. vs.

Quiambao
528 SCRA 153, G.R. No. 169494 July 24, 2007
Digested by: Lopez, Abner Alvin C.

FACTS:
Jesus Quiambao, et al. were charged of tip pocketing and swapping of dining order
slips with bar order slips, among others. They were dismissed from employment due
to said acts. They filed a case against Cabalen Management Co., Inc. for illegal
dismissal. The decisions of the Labor Arbiter of the National Labor Relations
Commission favored some of the crews including Quiambao.
Cabalen prayed for a Motion for Reconsideration in the Court of Appeals. However, it
was denied by the CA. The assailed CA decision held that except for respondents
Inocencio and Mapa whose petitions were dismissed pursuant to Section 5, Rule 7 of
the Rules of Court and Section 4 (a) of the Rules of Procedure of the NLRC, herein
Quiambao, et al. were illegally dismissed from their employment.
Cabalen petition for a Motion for Reconsideration in the Supreme Court contending
that
With respect to the audit report presented as a piece of evidence, petitioners posit
that the therein mentioned documented incidents-bases of faulting respondents
were so numerous to have been incurred in the normal course of business. It added
that the statements of Balen and Malana regarding the alleged wrongdoings of
respondents who had possession of the accountable forms were corroborated by the
audit report.
ISSUE:
Whether or not such audit report is admissible.

RULING:
Yes, such evidence, even if not objected to, may still carry no probative value; For
admissibility, should not be equated with weight, of evidence. With respect to the
statements of Balen and Malana and the audit report, petitioners need only to be
reminded that evidence, even if not objected to, may still carry no probative value.
For admissibility, should not be equated with weight, of evidence.