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[G.R. No. 123880. February 23, 1999.

MARANAW HOTELS AND RESORT CORPORATION, (Owner of Century Park Sheraton Manila), Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION and EDDIE
DAMALERIO, Respondents.

DECISION

PURISIMA, J.:

This special civil action for certiorari under Rule 65 of the Revised Rules of Court seeks to annul and set aside the Decision, dated September 18, 1995, of the National Labor Relations
Commission (NLRC) 1 , and the Order 2 , dated January 30, 1996, denying petitioner’s motion for reconsideration in NLRC-NCR-CA No. 005642-93, on the ground of lack or excess of
jurisdiction or grave abuse of discretion.

On April 2, 1992, Eddie Damalerio (Damalerio), a room attendant of the Century Park Sheraton Hotel, operated by Maranaw Hotel and Resort Corporation, was seen by hotel guest
Jamie Glaser (Glaser) with left hand inside the latter’s suitcase. Confronted with what he was doing, Damalerio explained that he was trying to tidy up the room. Not satisfied with the
explanation of Damalerio, Glaser lodged a written complaint before William D. Despuig, shift-in-charge of security of the hotel. Glaser also reported that Damalerio had previously asked
from him souvenirs, cassettes, and other giveaways. The complaint was later brought by Despuig to the attention of Major Eddie Buluran, Chief of Security of the hotel.

On April 3, 1992, Damalerio was given a Disciplinary Action Notice (DAN). The next day, an administrative hearing was conducted on the matter. Among those present at the hearing
were: 1) Lourdes Ricardo (room attendant), 2) Angelito Torres (floor supervisor), 3) Major Eddie Buluran (chief of security), 4) Susan Dino (Personnel representative), 5) Alfredo San
Gabriel (senior floor supervisor) and 6) Ben Hur Amador (union representative).

Taking the witness stand on his own behalf, Damalerio denied the accusation against him, theorizing that when he found the room of Glaser in disarray, and was about to make the bed,
he noticed some belongings, such as socks and T-shirts of the said hotel guest scattered around, so much so that he thought of placing the same in his luggage. While doing so, Glaser
arrived. When asked by the latter if something was wrong, he (Damalerio) said "I’m just cleaning your room," and Glaser remarked, "Good work," and then, the two of them chatted
about Glaser’s concert at the Araneta Coliseum.