Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1990 > February 1990 Decisions > G.R. No. 72129 February 7, 1990 - FILIPRO, INC. v. BLAS F. OPLE, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 72129. February 7, 1990.]

FILIPRO, INC., Petitioner, v. THE HONORABLE MINISTER BLAS F. OPLE, NUTRITIONAL PRODUCTS ASSOCIATION OF FREE WORKERS and ROMEO PILI, Respondents.

Siguion Reyna, Montecillo & Ongsiako for Petitioner.

Rufino C. Lizardo for Private Respondents.


SYLLABUS


1. LABOR AND SOCIAL LEGISLATION; TERMINATION OF EMPLOYMENT; AN EMPLOYEE MAY NOT BE PENALIZED FOR THE SAME OFFENSE; FINDING OF ILLEGAL DISMISSAL IN CASE AT BAR, NOT AN ABUSE OF DISCRETION. — On account of his habitual absenteeism for over a period of three years from 1976 to 1979, as in fact it penalized him with two-weeks to one month suspensions in 1976, 1977 and 1979 for his absences in those years. Held: This circumstance, as pointed out by Minister Ople in his decision, is precisely why the company may not dismiss him for the same cause. "Admittedly, complainant incurred absences in the past. But the record shows that complainant had already suffered the corresponding penalty for each violation. Collectively, these past infractions cannot be used as a justification for complainant’s dismissal from service. To do so would put complainant to penalty twice for the same offense. At most, these collective infractions could be used as supporting justification to a subsequent similar offense, but as we have found, the absence of May 10, 1979 was made in accordance with the rules, hence complainant should not be made to suffer for them again." Pili’s absence on May 10, 1979 did not justify the company’s meting to him the capital punishment of dismissal. As pointed out by the Solicitor General, "while Pili had been found medically fit to work after an examination at the Makati Medical Center on May 15, 1979, this did not prove that he was malingering on May 10, 1979 when he absented himself from work upon notice that he was suffering from stomach ache" Under the circumstances, we find that the Minister of Labor and Employment did not abuse his discretion in finding the dismissal of respondent employee, Romeo Pili, illegal and in ordering his reinstatement with back salaries for a period of two years without deductions and qualification.


D E C I S I O N


GRIÑO-AQUINO, J.:


Filipro, Inc. has filed a petition for certiorari charging the Minister of Labor and Employment with grave abuse of discretion in reversing the order of the Regional Director, Francisco Estrella, who found the complainant employee, Romeo Pili, guilty of habitual absenteeism, granted the petitioner clearance to terminate his employment, and dismissed his complaint for illegal dismissal. The Minister of Labor and Employment ordered Filipro, Inc. "to reinstate complainant to his former position without diminution in rank and salary and with full back wages to be reckoned from the date of termination" for a period of two years (pp. 120 and 131, Rollo).

Under the collective bargaining agreement then existing between Filipro and the workers’ union, a regular employee with at least one (1) year of continuous service is entitled to sick leave for a period of 15 days. The procedure for taking a sick leave is set forth in Section 1, Article VIII of the CBA which provides:jgc:chanrobles.com.ph

"Section 1 — Any regular employee . . . To enjoy sick leave, an employee shall, whenever possible, secure a prior written certification from the company physician regarding his sickness and the approximate length of time that he will be unable to work by reason thereof. If this is not possible, the employee shall immediately notify the Company, preferable [sic] in writing, that he is sick, and upon his return to work, he shall present to the company a medical certificate to show that he has been actually sick during the period of his leave." (pp. 81-82, Rollo.)

Whenever Pili was absent, he never obtained "prior written certification" from the company physician that he would be absent (p. 81, Rollo), but invariably sent to the personnel officer, or his immediate superior, a note stating that he could not report for work on account of his or a family member’s illness, or death, but, more often than not, he truthfully wrote that he had some important business to attend to elsewhere ("mahalagang lakad"). Furthermore, in 1976 he took a total of 21 days’ leave, instead of only 15. In 1978 he chalked up to 20 days of leaves for various causes.

As framed by the petitioner: "The only question that arises is whether or not the act of private respondent Romeo Pili in habitually and incorrigibly absenting himself from work without prior notice and permission through the years consistently is a just cause for his dismissal from employment" (p. 10, Rollo).chanrobles.com.ph : virtual law library

While it is not generally possible for an employee to anticipate when he will be ill or have to attend to some family problem or emergency, and be able to give prior notice to his employer, he should give such notice when he will be absent for some other cause, such as when he will attend to some other business elsewhere, for such engagements can be properly scheduled by him so as not to interfere with his regular working hours and disrupt the operations of the company in his particular area of assignment. Without prior notice of the employee’s absence, the company is not afforded enough time to get a temporary replacement for him. As pointed out by the personnel officer, Ms. Almira, Pili’s frequent unannounced absences were unfair to the company and to his co-employees who had to take over his share of the work in addition to their own assigned functions. The company had just cause to discipline him on account of his habitual absenteeism for over a period of three years from 1976 to 1979, as in fact it penalized him with two-weeks to one month suspensions in 1976, 1977 and 1979 for his absences in those years.

And this circumstance, as pointed out by Minister Ople in his decision, is precisely why the company may not dismiss him for the same cause.

"It appears that on October 25, 1976, complainant — then with 10 years of service with the company — was meted out a suspension for two weeks for being absent without the permission of the company on October 1, 10, 12 and 13; on August 26, 1977, he was given a month’s suspension for being absent on August 16 after his request for a day off to celebrate their barrio fiesta was denied by the management; on April 3, 1979, he was punished again with two week’s suspension for being absent on April 2 despite the disapproval of his leave; finally, on May 16, 1979, he was informed that he would be dismissed for being absent on May 10 allegedly for stomach ache whereas the doctor hired by the company executed a certificate on May 15 that the complainant was ‘fit to work.’

x       x       x


"Admittedly, complainant incurred absences in the past. But the record shows that complainant had already suffered the corresponding penalty for each violation. Collectively, these past infractions cannot be used as a justification for complainant’s dismissal from service. To do so would put complainant to penalty twice for the same offense. At most, these collective infractions could be used as supporting justification to a subsequent similar offense, but as we have found, the absence of May 10, 1979 was made in accordance with the rules, hence complainant should not be made to suffer for them again. For this alone, a reconsideration of the previous ruling is in order." (pp. 117-120, Rollo.)

Pili’s absence on May 10, 1979 did not justify the company’s meting to him the capital punishment of dismissal. As pointed out by the Solicitor General, "while Pili had been found medically fit to work after an examination at the Makati Medical Center on May 15, 1979, this did not prove that he was malingering on May 10, 1979 when he absented himself from work upon notice that he was suffering from stomach ache" (p. 167, Rollo).chanrobles lawlibrary : rednad

Under the circumstances, we find that the Minister of Labor and Employment did not abuse his discretion in finding the dismissal of respondent employee, Romeo Pili, illegal and in ordering his reinstatement with back salaries for a period of two years without deductions and qualification.

WHEREFORE, the petition for certiorari is dismissed for lack of merit. Costs against the petitioner.

SO ORDERED.

Narvasa, Gancayco and Medialdea, JJ., concur.

Cruz, J., took no part.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






February-1990 Jurisprudence                 

  • G.R. No. 48494 February 5, 1990 - BRENT SCHOOL, INC., ET AL. v. RONALDO ZAMORA, ET AL.

  • G.R. No. 66394 February 5, 1990 - PARADISE SAUNA, ET AL. v. ALEJANDRO NG, ET AL.

  • G.R. No. 75909 February 6, 1990 - RAMON FRANCISCO, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 77457 February 5, 1990 - ANITA LLOSA-TAN v. SILAHIS INTERNATIONAL HOTEL, ET AL.

  • G.R. No. 77777 February 5, 1990 - PEOPLE OF THE PHIL. v. DOMINGO BAGANO

  • G.R. No. 81322 February 5, 1990 - GREGORIO D. CANEDA, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 86603 February 5, 1990 - ACTIVE WOOD PRODUCTS CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 86647 February 5, 1990 - VIRGILIO P. ROBLES v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL., ET AL.

  • G.R. No. 88623 February 5, 1990 - REGISTER OF DEEDS OF MALABON, ET AL. v. RTC, MALABON, ET AL.

  • G.R. No. 40399 February 6, 1990 - MARCELINO C. AGNE, ET AL. v. DIRECTOR OF LANDS, ET AL.

  • G.R. No. 44980 February 6, 1990 - VIRGINIA MARAHAY v. MENELEO C. MELICOR, ET AL.

  • G.R. Nos. 75154-55 February 6, 1990 - PEOPLE OF THE PHIL. v. ROGER VICTOR, ET AL.

  • G.R. No. 76707 February 6, 1990 - RICARDO MEDINA, SR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 77050 February 6, 1990 - TOMAS BAYAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 77713 February 6, 1990 - PEOPLE OF THE PHIL. v. ALFREDO AGAN

  • G.R. No. 77867 February 6, 1990 - ISABEL DE LA PUERTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 80157 February 6, 1990 - AMALIA NARAZO v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • A.M. No. RTJ-88-272 February 6, 1990 - RAUL H. SESBREÑO v. PEDRO T. GARCIA

  • G.R. No. 72129 February 7, 1990 - FILIPRO, INC. v. BLAS F. OPLE, ET AL.

  • G.R. No. 74621 February 7, 1990 - BROKENSHIRE MEMORIAL HOSPITAL, INC. v. MINISTER OF LABOR & EMPLOYMENT, ET AL.

  • G.R. No. 77401 February 7, 1990 - SUZANO F. GONZALES, JR. v. HEHERSON T. ALVAREZ, ET AL.

  • G.R. No. 81100-01 February 7, 1990 - BACOLOD-MURCIA MILLING CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 81344 February 7, 1990 - IRENE BENEDICTO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 82272 February 7, 1990 - PONCIANO M. LAYUG v. LOURDES QUISUMBING, ET AL.

  • G.R. No. 84392 February 7, 1990 - PEOPLE OF THE PHIL. v. SERGIO A. NABUNAT

  • G.R. No. 84448 February 7, 1990 - PEOPLE OF THE PHIL. v. SALVADOR T. BADUYA

  • G.R. Nos. 78432-33 February 9, 1990 - PEOPLE OF THE PHIL. v. ROLANDO CALDITO, ET AL.

  • G.R. No. 61570 February 12, 1990 - RUPERTO FULGADO v. COURT OF APPEALS, ET AL.

  • G.R. No. 62024 February 12, 1990 - PEOPLE OF THE PHIL. v. GINA M. SAHAGUN

  • G.R. No. 72742 February 12, 1990 - PEOPLE OF THE PHIL. v. TEOFILO OBANDO, ET AL.

  • G.R. No. 83308 February 12, 1990 - PEOPLE OF THE PHIL. v. MARCELINO ECLARINAL, ET AL.

  • G.R. No. 83484 February 12, 1990 - CELEDONIA SOLIVIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 85642 February 12, 1990 - EMILIO C. MACIAS, II v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 87335 February 12, 1990 - REPUBLIC OF THE PHIL. v. CRISTINA DE KNECHT, ET AL.

  • A.M. No. 1625 February 12, 1990 - ANGEL L. BAUTISTA v. RAMON A. GONZALES

  • G.R. No. L-54305 February 14, 1990 - ATLAS CONSOLIDATED MINING & DEVELOPMENT CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 78732-33 February 14, 1990 - PEOPLE OF THE PHIL. v. JOVENIANO C. SOLIS, ET AL.

  • G.R. No. L-31065 February 15, 1990 - REPUBLIC OF THE PHIL. v. PIO R. MARCOS, ET AL.

  • G.R. No. L-45618 February 15, 1990 - MARIA C. ROLDAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-47747 February 15, 1990 - TAN ANG BUN v. COURT OF APPEALS, ET AL.

  • G.R. No. L-49833 February 15, 1990 - JUANITO RAMOS, ET AL. v. BIENVENIDO A. EBARLE, ET AL.

  • G.R. No. L-50373 February 15, 1990 - MANILA LIGHTER TRANSPORTATION, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-52295 February 15, 1990 - GUINOBATAN HISTORICAL AND CULTURAL ASSO., ET AL. v. COURT OF FIRST INSTANCE OF ALBAY, ET AL.

  • G.R. No. L-53585 February 15, 1990 - ROMULO VILLANUEVA v. FRANCISCO TANTUICO, JR., ET AL.

  • G.R. No. L-59670 February 15, 1990 - LEONARDO N. ESTEPA v. SANDIGANBAYAN, ET AL.

  • G.R. No. L-61293 February 15, 1990 - DOMINGO B. MADDUMBA, ET AL. v. GOVERNMENT SERVICE INSURANCE SYSTEM, ET AL.

  • G.R. Nos. 62572-73 February 15, 1990 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 69580 February 15, 1990 - PEOPLE OF THE PHIL. v. JESUS FRANCISCO, ET AL.

  • G.R. No. 73382 February 15, 1990 - PEOPLE OF THE PHIL. v. GORGONIO CAPILITAN

  • G.R. Nos. 75005-06 February 15, 1990 - JOSE RIVERA v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 79011 February 15, 1990 - PEOPLE OF THE PHIL. v. SEMION L. MANGALINO

  • G.R. No. 79672 February 15, 1990 - PEOPLE OF THE PHIL. v. ROSENDO DELGADO

  • G.R. No. 81450 February 15, 1990 - JOHNSON G. CHUA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 84048 February 15, 1990 - PEOPLE OF THE PHIL. v. LETICIA SANIDAD DE DEL SOCORRO

  • G.R. No. 84193 February 15, 1990 - DIOSDADO V. RUFFY v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 85519 February 15, 1990 - UNIVERSITY OF STO. TOMAS, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 86408 February 15, 1990 - BETA ELECTRIC CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 88442 February 15, 1990 - FELIX A. VELASQUEZ v. UNDERSECRETARY OF JUSTICE, ET AL.

  • G.R. No. L-44409 February 1, 1990 - PEOPLE OF THE PHIL. v. IGNACIO O. GONZALES, JR.

  • G.R. No. L-50889 February 21, 1990 - MAXIMINO QUILISADIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-54411 February 21, 1990 - PEOPLE OF THE PHIL. v. MELECIO BIAGO

  • G.R. No. L-61113 February 21, 1990 - RICARDO MAXIMO, ET AL. v. COURT OF FIRST INSTANCE OF CAPIZ, BRANCH III, ET AL.

  • G.R. No. L-66574 February 21, 1990 - ANSELMA DIAZ, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 76922 February 21, 1990 - PEOPLE OF THE PHIL. v. ROMEO A. CORRALES

  • G.R. No. 80728 February 21, 1990 - PEARL S. BUCK FOUNDATION, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 83613 February 21, 1990 - FIREMAN’S FUND INSURANCE CO. v. METRO PORT SERVICE, INC.

  • G.R. No. 85448 February 21, 1990 - BANCO DE ORO SAVINGS & MORTGAGE BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 87439 February 21, 1990 - ODIN SECURITY AGENCY v. DIONISIO C. DE LA SERNA, ET AL.

  • G.R. No. 90639 February 21, 1990 - ESTATE OF CONCORDIA T. LIM, v. CITY OF MANILA, ET AL.

  • G.R. No. L-25660 February 23, 1990 - LEOPOLDO VENCILAO, ET AL. v. TEODORO VANO, ET AL.

  • G.R. No. L-52018 February 23, 1990 - EFREN I. PLANA v. COURT OF TAX APPEALS, ET AL.

  • G.R. No. L-52482 February 23, 1990 - SENTINEL INSURANCE CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-55854 February 23, 1990 - REPUBLIC OF THE PHIL., ET AL. v. OTILIO G. ABAYA, ET AL.

  • G.R. No. L-60211 February 23, 1990 - PERSEVERANDO N. HERNANDEZ v. GREGORIO G. PINEDA, ET AL.

  • G.R. No. 75093 February 23, 1990 - DELIA R. SIBAL v. NOTRE DAME OF GREATER MANILA, ET AL.

  • G.R. No. 76042 February 23, 1990 - JOSE M. BELEN v. FELICIDARIO M. BATOY, ET AL.

  • G.R. No. 79160 February 23, 1990 - PEOPLE OF THE PHIL. v. MARIO P. BUSTARDE, ET AL.

  • G.R. No. 84685 February 23, 1990 - ILAW AT BUKLOD NG MANGGAGAWA v. PURA FERRER-CALLEJA, ET AL.

  • G.R. No. 85733 February 23, 1990 - ENRIQUE LIM, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 46613 February 26, 1990 - SILLIMAN UNIVERSITY v. LUCIO BENARAO, ET AL.

  • G.R. No. 71838 February 26, 1990 - PEOPLE OF THE PHIL. v. LAMBERTO M. BORJA

  • G.R. No. 73722 February 26, 1990 - COMMISSIONER OF CUSTOMS v. K.M.K. GANI, ET AL.

  • G.R. Nos. 76338-39 February 26, 1990 - PEOPLE OF THE PHIL. v. RENATO H. TAC-AN

  • G.R. Nos. 76493-94 February 26, 1990 - PEOPLE OF THE PHIL. v. VIRGILIO URIBE

  • G.R. No. 76590 February 26, 1990 - MARIA G. DE LA CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 76607 February 26, 1990 - UNITED STATES OF AMERICA, ET AL. v. ELIODORO B. GUINTO, ET AL.

  • G.R. No. 78885 February 26, 1990 - FILINVEST LAND, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 79434 February 26, 1990 - DEOCRECIO DAVID v. COURT OF APPEALS, ET AL.

  • G.R. No. 80738 February 26, 1990 - PEOPLE OF THE PHIL. v. LYDIA T. RAMA

  • G.R. No. 81356 February 26, 1990 - REYNOSO B. FLOREZA v. JAIME ONGPIN, ET AL.

  • G.R. No. 85333 February 26, 1990 - CARMELITO L. PALACOL, ET AL. v. PURA FERRER-CALLEJA, ET AL.

  • G.R. No. 86147 February 26, 1990 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 86250 February 26, 1990 - ALBERTO F. LACSON, ET AL. v. LUIS R. REYES, ET AL.

  • G.R. No. 88190 February 26, 1990 - PEOPLE OF THE PHIL. v. URIEL TABLIZO

  • G.R. No. 88232 February 26, 1990 - PEOPLE OF THE PHIL. v. HENEDINO P. EDUARTE, ET AL.

  • G.R. No. 89132 February 26, 1990 - LEONCIA BACLAYON v. COURT OF APPEALS, ET AL.

  • G.R. No. 77830 February 27, 1990 - VICTOR TALAVERA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 80270 February 27, 1990 - CITY MAYOR OF ZAMBOANGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 90641 February 27, 1990 - PEOPLE OF THE PHIL. v. ROMEO HERNANDEZ, ET AL.

  • G.R. No. 26539 February 28, 1990 - PEOPLE OF THE PHIL. v. GAUDENCIO VERA, ET AL.

  • G.R. No. 48362 February 28, 1990 - PEOPLE OF THE PHIL. v. FERNANDO RAFANAN

  • G.R. No. 70261 February 28, 1990 - MAURO BLARDONY, JR. v. JOSE L. COSCOLLUELA, JR., ET AL.

  • G.R. No. 70997 February 28, 1990 - PEOPLE OF THE PHIL. v. DANIEL JAVIER, ET AL.

  • G.R. No. 72145 February 28, 1990 - MA. EPPIE EDEN, ET AL. v. MINISTRY OF LABOR, ET AL.

  • G.R. No. 72805 February 28, 1990 - FILIPINAS MANUFACTURERS BANK v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 73741 February 28, 1990 - TEOFILO LINAZA v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. Nos. 77042-43 February 28, 1990 - RADIOWEALTH FINANCE CO., INC. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 78903 February 28, 1990 - SEGUNDO DALION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 79385 February 28, 1990 - STASA INCORPORATED v. COURT OF APPEALS, ET AL.

  • G.R. No. 82488 February 28, 1990 - VICENTE ATILANO v. DIONISIO C. DE LA SERNA, ET AL.

  • G.R. No. 83768 February 28, 1990 - RADIO COMMUNICATIONS OF THE PHILIPPINES, INC., ET AL. v. RUFUS B. RODRIGUEZ

  • G.R. No. 85284 February 28, 1990 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.