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    Digest GR No. 177414 Mora Vs AVESCO

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    jovani ema
    This document summarizes an arbitration case between Noel Mora and his former employer AVESCO Marketing Corporation regarding Mora's termination. Key details: - Mora resigned from his job at AVESCO but later tried to withdraw his resignation. He was then suspended and later terminated. - The case was referred to voluntary arbitration. The arbitrator dismissed Mora's complaint, finding that he had voluntarily resigned. - Mora appealed but it was denied as he filed it 49 days after the arbitrator's decision, exceeding the 15 day limit. - The Supreme Court upheld the denial, finding the arbitrator's decision was already final and executory since Mora failed to timely appeal.

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    Digest GR No. 177414 Mora Vs AVESCO

    Uploaded by

    jovani ema
    78 views1 page
    This document summarizes an arbitration case between Noel Mora and his former employer AVESCO Marketing Corporation regarding Mora's termination. Key details: - Mora resigned from his job at AVESCO but later tried to withdraw his resignation. He was then suspended and later terminated. - The case was referred to voluntary arbitration. The arbitrator dismissed Mora's complaint, finding that he had voluntarily resigned. - Mora appealed but it was denied as he filed it 49 days after the arbitrator's decision, exceeding the 15 day limit. - The Supreme Court upheld the denial, finding the arbitrator's decision was already final and executory since Mora failed to timely appeal.

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    415. Digest GR No. 177414 Mora vs AVESCO

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    This document summarizes an arbitration case between Noel Mora and his former employer AVESCO Marketing Corporation regarding Mora's termination. Key details: - Mora resigned from his job at AVESCO but later tried to withdraw his resignation. He was then suspended and later terminated. - The case was referred to voluntary arbitration. The arbitrator dismissed Mora's complaint, finding that he had voluntarily resigned. - Mora appealed but it was denied as he filed it 49 days after the arbitrator's decision, exceeding the 15 day limit. - The Supreme Court upheld the denial, finding the arbitrator's decision was already final and executory since Mora failed to timely appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    78 views1 page

    Digest GR No. 177414 Mora Vs AVESCO

    Uploaded by

    jovani ema
    This document summarizes an arbitration case between Noel Mora and his former employer AVESCO Marketing Corporation regarding Mora's termination. Key details: - Mora resigned from his job at AVESCO but later tried to withdraw his resignation. He was then suspended and later terminated. - The case was referred to voluntary arbitration. The arbitrator dismissed Mora's complaint, finding that he had voluntarily resigned. - Mora appealed but it was denied as he filed it 49 days after the arbitrator's decision, exceeding the 15 day limit. - The Supreme Court upheld the denial, finding the arbitrator's decision was already final and executory since Mora failed to timely appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ARBITRATION

    G.R. No. 177414             November 14, 2008


    NOEL E. MORA, petitioner,vs. AVESCO MARKETING CORPORATION, respondent.
    FACTS:
     March 1996 - Mora was hired "sales engineer" at Avesco Marketing
     March 25, 2003 - he tendered his letter of resignation to be effective a month after or on April 25,
    2003.
     March 26, 2003 - respondent's personnel manager issued to petitioner a notice of disciplinary action
    which placed him under preventive suspension from March 26, 2003 until further notice pending
    investigation of his case.
     March 27, 2003 – Mora gave his side denying the accusation against him. That he did not know what
    particular transactions and he was not being talked by his superior
     April 1, 2003 – his employment was terminated after not hearing a reply from the employer.
    It appears that the filing of resignation letter came about after he was confronted for "selling competitors'
    products" to the prejudice and detriment of respondent and was given the option of either immediately
    resigning or face administrative charges.
    It further appears that petitioner changed his mind and withdrew his letter of resignation on the same day,
    March 25, 2003, after respondent denied his request to have his resignation made effective a month after or
    on April 25, 2003. Petitioner was later to claim that he inadvertently left a copy of the letter at respondent's
    office.
    Mora filed a complaint for illegal dismissal before the NLRC which was dismissed for lack of jurisdiction
    since the dispute falls within the province of the grievance procedure provided for by the Collective Bargaining
    Agreement between respondent and the workers' union. The case was thus referred to the National
    Conciliation and Mediation Board for voluntary arbitration. Voluntary Arbitrator Barriatos dismissed Mora's
    complaint upon the ground that he had voluntarily resigned. Forty nine days later he filed a petition for
    certiorari before the Court of Appeals which denied the same, it similarly finding him to have voluntarily
    resigned from his job.
    Mora argued that he was only inveigled to file a resignation letter on March 25, 2003 after he was asked by
    AVESCO's vice president to immediately resign and the subsequent show cause order cum preventive
    suspension clearly proves that he did not resign.
    AVESCO raised procedural infirmities in the petition, foremost of which is its attribution of grave abuse of
    discretion on the part of the appellate court, instead of raising errors of law, apart from a lack of verified
    statement of material dates and maintained that Mora resigned.

    ISSUE:
    WON the decision rendered by the Labor Arbiter that Mora resigned and was not illegally terminated is
    final and executor?

    RULING:
    Section 4 thereof requires that the petition for review to be taken to the Court of Appeals should be
    filed within fifteen (15) days from notice of the award, judgment or final order or resolution of the VA.
    While Sec. 2 of the same Rule 43 provides that said Rule shall not apply to judgments or final orders issued
    under the Labor Code, the same refers only to cases decided by labor arbiters which are appealable to the
    National Labor Relations Commission.
    As earlier noted, petitioner filed before the appellate court a petition for certiorari on October 19, 2004
    or 49 days after receipt of the decision of the VA at which time the 15-day period to file appeal had expired.
    An independent action for certiorari may of course be availed of when there is no appeal or any plain,
    speedy and adequate remedy in the ordinary course of law, if the decision of the voluntary arbitrator involves
    a question of jurisdiction. What petitioner is contesting, however, is the finding that he voluntarily resigned.
    Where the error is not one of jurisdiction, but of law or fact which is a mistake of judgment, the proper
    remedy should be appeal. The appellate court should thus have dismissed outright the petition for certiorari,
    as the decision of the VA had already become final and executory.

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