garcia v pal
DESCRIPTION
Garcia v PALTRANSCRIPT
JUANITO A. GARCIA and ALBERTO J. DUMAGO,Petitioners,vs.PHILIPPINE AIRLINES, INC.,Respondent.FACTS: An administrative charge was filed by PAL against its employees-herein petitioners after they were allegedly caught in the act of sniffing shabu at PAL Technical Centers Toolroom Section. After due notice, PAL dismissed petitioners prompting the latter to file a complaint for illegal dismissal and damages. The Labor Arbiter ruled in favor petitioners ordering reinstatement but was reversed by NLRC on appeal. ISSUE: Can the employer require the dismissed employees in the case at bar to refund the salaries they received while the case was pending appeal?HELD: No.The social justice principles of labor law outweigh or render inapplicable the civil law doctrine of unjust enrichment espoused by Justice Presbitero Velasco, Jr. in his Separate Opinion.The constitutional and statutory precepts portray the otherwise unjust situation as a condition affording full protection to labor.The Court reaffirms the prevailing principle that even if the order of reinstatement of the Labor Arbiter is reversed on appeal, it is obligatory on the part of the employer to reinstate and pay the wages of the dismissed employee during the period of appeal until reversal by the higher court.