SC clears Robina in damage suit

Businesswoman Robina Gokongwei was cleared yesterday by the Supreme Court from a damage suit filed by a former employee of The Manila Times newspaper, which her family used to own.

In a 22-page decision, the High Tribunal’s second division affirmed a decision of the National Labor Relations Commission (NLRC) dismissing the claims for damages filed by Johnny Pastorin against Gokongwei and the defunct Metromedia Times Corp.

The decision was written by Associate Justice Dante Tinga.

The NLRC reversed a decision, dated May 28, 1999, of labor arbiter Manuel P. Asuncion.

In his decision, Asuncion said Pastorin did not commit insubordination or disobedience to warrant his transfer to another department of the company, and that Gokongwei and Metromedia were not aggrieved by Pastorin’s dealers.

"Respondent (Pastorin) relied solely on estoppel to oppose petitioners’ (Gokongwei and Metromedia’s) claim of lack of jurisdiction on the part of the labor arbiter," read the SC’s ruling.

"He adduced no other legal ground in support of his contention that the Labor Arbiter had jurisdiction over the case. Thus, this claim falls flat in light of our pronouncement and more so considering the NLRC’s correct observation that jurisdiction over grievance issues, such as the propriety of the reassignment of a union member falls under the jurisdiction of the voluntary arbitrator."

Court records show that Pastorin was employed by Metromedia on Dec. 10, 1990 as a field representative and collector.

His tasks entailed the periodic collection of receivables from dealers of The Manila Times.

On May 7, 1998, Pastorin received a letter from the management of The Manila Times terminating his services for tardiness, which would have taken effect on June 16, 1998.

Having been a member of the Metro Media Times Employees Union, Pastorin was not dismissed due to the intervention of the collective bargaining agent.

In May 1998, Pastorin obtained a loan of P9,000 from Gloria de Manuel, a dealer of The Manila Times.

After paying P1,125, Pastorin reneged on the loan.

In response, De Manuel wrote a letter, dated July 6, 1998 to Robina Gokongwei, The Manila Times publisher at that time, seeking assistance to collect the loan from Pastorin.

De Manuel claimed that when Pastorin became remiss in his personal obligation, he stopped collecting her outstanding dues to The Manila Times.