NANCY S. MONTINOLA vs.

PHILIPPINE AIRLINES

G.R. No. 198656               September 8, 2014

FACTS:

Montinola was employed as a flight attendant of Philippine Airlines (PAL). Montinola

and other flight crew members were subjected to custom searches in Hawaii, USA. US Customs
sent an email to PAL that 7 of the 10 crew members had items removed from the aircraft on their
possession mostly food items. PAL conducted an investigation. Montinola was among those
implicated because she was mentioned in Graham’s email.

During the hearing, Montinola admitted that she had in her possession only the following
food items: cooked camote, 3-in-1 coffee packs, and Cadbury hot chocolate.

PAL, through Senior Assistant Vice President for Cabin Services Sub- Department Sylvia
C. Hermosisima, found Montinola guilty of 11 Violations of the company’s Code of Discipline
and Government Regulation. She was meted with suspension for one (1) year without pay.

Montinola brought the matter before the Labor Arbiter. The Labor Arbiter found her
suspension illegal, finding that PAL never presented evidence that showed Montinola as the one
responsible for any of the illegally taken airline items. The Labor Arbiter ordered Montinola’s
reinstatement with backwages, inclusive of allowances and benefits amounting to ₱378,630.00.
The National Labor Relations Commission affirmed the decision of the Labor Arbiter.

The Court of Appeals affirmed the decisions of the Labor Arbiter and NLRC.

ISSUE: Whether or not Montinola was illegally suspended.

HELD: Yes, Montinola was illegally suspended. Termination and suspension from work must
be reasonable to meet the constitutional requirement of due process of law. It will be reasonable
if it is based on just or authorized causes enumerated in the Labor Code. On the other hand,
articulation of procedural due process in labor cases is found in Article 277(b) of the Labor
Code, which states: (b) Subject to the constitutional right of workers to security of tenure and
their right to be protected against dismissal except for a just and authorized cause and without
prejudice to the requirement of notice under Article 283 of this Code, the employer shall furnish
the worker whose employment is sought to be terminated a written notice containing a statement
of the causes for termination and shall afford the latter ample opportunity to be heard and to
defend himself with the assistance of his representative if he so desires in accordance with the
company rules and regulations promulgated pursuant to guidelines set by the Department of
Labor and Employment. Any decision taken by the employer shall be without prejudice to the
right of the worker to consent the validity or legality of his dismissal by filing a complaint with
the regional branch of the National Labor Relations Commission. The burden of proving that the
termination was for a valid or authorized cause shall rest on the employer.
 The notice of administrative charge did not specify the acts committed by Montinola and
how these acts violated PAL’s Code of Discipline. The notice did not state which among the
items confiscated by the US customs officials were originally found in Montinola’s possession.
Worse, the panel of PAL officers led by Atty. Pascual did not entertain any query to clarify the
charges against her. There is denial of an opportunity to be heard if the employee is not clearly
apprised of the acts she committed that constituted the cause for disciplinary action.