SC affirms bus driver’s dismissal

The Supreme Court has upheld the dismissal of a bus driver for gross and habitual neglect of duty after his involvement in multiple road accidents.

In a decision penned by Associate Justice Henri Jean Paul Inting dated 20 August 2024, the Supreme Court en banc said Marcelino Lingganay was validly dismissed by Del Monte Land Transport Bus Company Inc.

The bus company hired Lingganay as a passenger bus driver, but was involved in three bus accidents — in 2013, when he hit a pedestrian in Quezon; in 2016, when he hit the rear of a motorcycle, causing injuries to the rider; and in 2017, when he hit a car while driving along the San Juanico Bridge in Samar.

DLTBCo. in the 2013 accident, settled the matter out of court, while the two other accidents ended up with the bus company having to pay damages to the aggrieved parties.

Lingganay was dismissed for violating the company’s rules against reckless driving and gross negligence which resulted in injuries and property damage.

The erring bus driver challenged the dismissal but the National Labor Relations Commission and the Court of Appeals affirmed his termination by the bus company.

The SC in denying Lingganay’s petition for review, found that he was habitually negligent in his duties as a passenger bus driver.

Under Article 297(b) of the Labor Code, employers may terminate employees for gross and habitual neglect of duties, including carelessness and inefficiency in performing their tasks.

The SC said Lingganay violated company policy with his repeated reckless driving that endangered the lives of passengers and pedestrians, and also exposed the company to liabilities.