FACTS:

The petitioner, Bobby Toribiano, was employed by respondent Philippine Telegraph and Telephone Corporation (PT&T) as a collector and later on as a counter-clerk and long-distance operator. He was terminated by PT&T for allegedly tampering with a vodex receipt, which showed a discrepancy in the amount. Toribiano claimed that the discrepancy was unintentional and without malicious intent to defraud PT&T. He explained that he was busy attending to customers' telegrams and long-distance calls and in haste, he failed to use carbon paper for the duplicate copy. Toribiano used a carbon paper to write the amount of P41.15. PT&T argued that Toribiano's explanation was flimsy and accused him of using the difference for personal gain. The Labor Arbiter rendered a decision in favor of Toribiano, ordering his reinstatement and payment of wages, holiday pay, rest day pay, and incentive leave pay. The decision was affirmed by the respondent commission with the modification of deleting the award of backwages. PT&T filed a petition for certiorari.

ISSUES:

1. Whether or not the respondent corporation is liable to reinstate the complainant and pay his unpaid wages, holiday pay, rest day pay, and incentive leave pay.

RULING:

1. The Court affirmed the decision of the Labor Arbiter, ordering the respondent corporation to reinstate the complainant to his former position without payment of backwages, to pay the complainant his unpaid wages for the month of July 1985, and to pay the complainant his entitlement on holiday pay, rest day pay, and incentive leave pay for three years starting from August 23, 1982, to August 23, 1983.

PRINCIPLES:

• An employer must comply with the procedural requirements for dismissal or termination of its employees, such as conducting a proper investigation and providing a warning, in order to afford the employee an opportunity to defend himself. Failure to comply with such requirements renders the dismissal or termination invalid.

• For an employee to be entitled to backwages, there must be a finding that there is an unjust dismissal or termination. In this case, since the complainant was found to be terminated without proper investigation and warning, he is entitled to backwages.

• Employees are entitled to receive their unpaid wages. An employer cannot withhold the payment of wages without valid reasons.

• Employees are entitled to receive their holiday pay, rest day pay, and incentive leave pay, as provided for by law and the employment contract.