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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    G.R. No. 107320   January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 107320. January 19, 2000.]

    A’ PRIME SECURITY SERVICES, INC., Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION (SECOND DIVISION), HON. ARBITER VALENTIN GUANIO, and OTHELLO MORENO, Respondents.

    D E C I S I O N


    PURISIMA, J.:


    This special civil action for certiorari seeks to annul the decision 1 of the Second Division of the National Labor Relations Commission ("NLRC"), dated April 20, 1992, which affirmed with modification the decision of Labor Arbiter Valentin C. Guanio in NLRC-NCR Case No. 00-02-01038-89.chanrobles.com : chanrobles.com.ph

    The facts that matter are as follows:chanrob1es virtual 1aw library

    On February 23, 1989, private respondent Othello C. Moreno filed a complaint with the Department of Labor and Employment, Arbitration Branch, National Capital Region, against the petitioner, A’ Prime Security Agency, Inc., for illegal dismissal, illegal deduction and underpayment of wages. Docketed as NLRC-NCR Case No. 00-02-01038-89, the complaint was assigned to Labor Arbiter Valentin C. Guanio ("LA Guanio").

    The complaint alleged, among others, that complainant (private respondent herein) had been working as a security guard for a year with the Sugarland Security Services, Inc., a sister company of petitioner; that he was rehired as a security guard on January 30, 1988 by the petitioner and assigned to the same post at the U.S. Embassy Building along Roxas Boulevard, Manila; that he was among those absorbed by the petitioner when it took over the security contracts of its sister company, Sugarland Security Services, Inc., with the U.S. Embassy; that he was forced by petitioner to sign new probationary contracts of employment for six (6) months; that on August 1, 1988, his employment was terminated; that during his employment, the amount of P20.00 per month was deducted from his salary allegedly for withholding tax, although no withholding tax receipt was given to him, and the salary he was receiving was only P2,187.00 a month, which was way below the P2,410.17 stipulated in the PADPAO memorandum of agreement.

    Petitioner, for its part, alleged that the private respondent was hired on January 30, 1988, on a probationary basis, and he signed an authority to deduct from his salary any reimbursement for any loss or damage caused to properties of the client; that he was given a copy of petitioner’s rules and regulations which provide that sleeping on post is punishable by warning, suspension and dismissal and he was caught sleeping on post on March 17, 1988, for which he was sent a memorandum giving him a last warning; that on March 25, 1988, he figured in a quarrel with another security guard, which resulted in a near shootout; that at the end of his probationary employment, he was given a psychological test and on the basis of the foregoing, petitioner told him that his probationary employment had come to an end as he did not pass the company standard and therefore, he could not be hired as a regular employee.

    On November 28, 1989, LA Guanio handed down the decision 2 disposing as follows:jgc:chanrobles.com.ph

    "WHEREFORE, in view of the foregoing, judgment is hereby rendered ordering the respondent to reinstate the complainant to his former position and accord to him the status of a regular employee. The respondent is further ordered to pay the complainant his backwages from the time he was unlawfully dismissed until he is finally reinstated; and to refund to the complainant the deduction it had made from his salary in the amount of P20.00 per month.

    The claim of the complainant for underpayment of wages is dismissed for lack of merit.

    SO ORDERED."cralaw virtua1aw library

    Petitioner appealed to the National Labor Relations Commission which affirmed the decision of LA Guanio with a slight modification, holding thus:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered, the appealed decision is hereby, Modified as aforediscussed. The order for the refund of the deductions made by respondent from complainant’s salaries in the amount of P20.00 per month is hereby, Vacated and Set Aside.

    Moreover, the backwages due complainant should in no case exceed the period of three (3) years.

    In all other respects, the decision appealed from, stands." 3

    Petitioner presented a motion for reconsideration 4 of the aforesaid decision but to no avail. The same was denied by the respondent NLRC for lack of merit. 5

    Undaunted, petitioner found its way to this Court via the present petition, contending that:chanrobles.com : law library

    "I


    BASIC PUBLIC RESPONDENTS HAVE COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF JURISDICTION AND/OR IN EXCESS OF JURISDICTION WHEN THEY UNDULY PRONOUNCED PRIVATE RESPONDENT’S EMPLOYMENT WITH THE PETITIONER AS A CONTINUANCE OF ITS (sic) PREVIOUS EMPLOYMENT WITH ITS (sic) OLD EMPLOYER, THE SUGARLAND SECURITY SERVICES, INC., WITHOUT ANY SHRED OF EVIDENCE LINKING THE TWO COMPANIES, EMPLOYERS WHICH ARE DISTINCT AND DIFFERENT PERSONALITIES, AS PROVEN BY THE RECORDS OF THE CASE, RESULTING IN SERIOUS PREJUDICE OF THE PETITIONER WHICH, LIKE LABOR, ALSO DESERVES PROTECTION OF THE LAW.

    II


    BOTH PUBLIC RESPONDENT (sic) HAVE COMMITTED GRAVE ABUSE OF DISCRETION WHEN THEY CHARGED AND FOUND PETITIONER GUILTY OF ILLEGAL DISMISSAL AND THUS FAILED TO CONSIDER THAT THE TERMINATION OF THE PROBATIONARY CONTRACT BY THE PETITIONER IS A LEGITIMATE EXERCISE OF DISCRETION IN ANTICIPATION OF WHAT IT PERCEIVED OF AN EMPLOYEE, IN THE PERSON OF THE PRIVATE RESPONDENT, WHICH (sic) WILL NOT MAKE A GOOD — (sic) ASSET OF THE COMPANY AND INSTEAD IS A LIABILITY AS IT POSSES (sic) DANGERS NOT ONLY ON THE PETITIONER BUT ON ITS VERY CLIENT, THE U.S. EMBASSY, WITH WHOM PRIVATE RESPONDENT IS DIRECTLY SERVING WITH (sic), DUE TO ITS (sic) INEFFICIENCY, ENEPTNESS (sic) AND MORE THAN (sic) BELOW BAR PERFORMANCE BY (sic) THE PRIVATE RESPONDENT DURING ITS (sic) SIX MONTH PROBATIONARY PERIOD;

    III


    THE PUBLIC RESPONDENTS COMMITTED GRAVE ABUSE OF DISCRETION WHEN THEY ORDERED PETITIONER FOR THE PAYMENT OF (sic) PRIVATE RESPONDENT’S BACK WAGES (sic) AND FOR ITS (sic) REINSTATEMENT."cralaw virtua1aw library

    For resolution can be simplified into the following issues, to wit:chanrob1es virtual 1aw library

    1. Whether private respondent’s employment with A’ Prime Security Services, Inc. was just a continuation of his employment with Sugarland Security Services, Inc.;

    2. Whether private respondent is a regular or probationary employee of petitioner; and

    3. Whether private respondent’s dismissal is illegal.

    After a careful study, the Court finds the imputation of grave abuse of discretion on the part of the respondents, NLRC and "LA Guanio", barren of any sustainable basis.

    Anent the first issue, records show that the allegations of the private respondent that Sugarland Security Services, Inc. ("Sugarland") is a sister company of A’ Prime Security Services, Inc. ("A’ Prime") and that the latter absorbed the security contracts and security guards of Sugarland with the U.S. Embassy were neither denied nor controverted by the petitioner before the Labor Arbiter. Under Section 1, Rule 9 of the Rules of Court, 6 in relation to Section 3, Rule I of the Rules of the NLRC, 7 material averments in the Complaint are deemed admitted when not specifically denied.

    In the petition under scrutiny, it is contended belatedly that A’ Prime and Sugarland are two separate and distinct juridical entities. However, aside from such a bare allegation, petitioner presented no supporting evidence and the Court cannot, of course, act thereupon without any legal basis.

    The Court cannot uphold and give weight to private respondent’s resignation letter (Annex "D" 8) which appears to have been written and submitted at the instance of petitioner. Its form is of the company’s and its wordings are more of a waiver and quitclaim. Moreover, the supposed resignation was not acknowledged before a notary public. Petitioner’s failure to deny that Sugarland is its sister company and that petitioner absorbed Sugarland’s security contract and security personnel assumes overriding significance over the resignation theorized upon, evincing petitioner’s design to ignore or violate labor laws through the use of the veil of corporate personality. The Court cannot sanction the practice of some companies which, shortly after a worker has become a regular employee, effects the transfer of the same employee to another entity whose owners are the same, or identical, in order to deprive subject employee of the benefits and protection he is entitled to under the law.chanrobles.com : red

    On the issue as to whether the private respondent is a probationary or regular employee, the Court holds that the latter became a regular employee upon completion of his six-month period of probation. Private respondent started working on January 30, 1988 and completed the said period of probation on July 27, 1988. Thus, at the time private respondent was dismissed on August 1, 1988, he was already a regular employee with a security of tenure. He could only be dismissed for a just and authorized cause.

    There is no basis for subjecting private respondent to a new probationary or temporary employment on January 30, 1988, considering that he was already a regular employee when he was absorbed by A’ Prime from Sugarland, its sister company.

    On the issue of whether the dismissal of private respondent was unjust and illegal, the Court rules in the affirmative. Subject letter of August 1, 1988 for the dismissal of private respondent from his employment stated:jgc:chanrobles.com.ph

    "x       x       x

    Dear Mr. Moreno,

    You were hired by this agency as security guard on a six-month probationary appointment on 30 January 1988.

    Much as we would like to retain you, it is unfortunate that you were not able to live up with the standard expected of you as a security guard.

    In line with this and pursuant to paragraph 6 of said Probationary Appointment, 9 which you have signed on 30 January 1988, we are constrained to terminate your services with us for cause effective this date.

    We hope you understand our position on this regard.

    Very truly yours,

    (SGD.) REYNALDO M. ARDINA

    President" 10

    The dismissal of private respondent was presumably based on the results of his behavioral and neuropsychological tests and on his violation of a company rule on sleeping on post. With respect to the behavioral and neuropsychological tests, the Court agrees with NLRC’s assessment, to wit:jgc:chanrobles.com.ph

    "Complainant’s result of his behavioral research and neuropsychological test to our mind, is of no moment, considering that the said test appeared to have been conveniently contrived to be conducted, and the result produced on the very day of his dismissal, in question. Were respondent-appellant really sincere in its motive of fully screening its employees before they could be regularized it should have done so, prior to complainant’s hiring or even after the commission of complainant’s infractions of the company rules adverted to by appellant way back in March 1988, when complainant was only about two (2) months on probation. But that is not the case herein.

    Moreover, We have observed a discrepancy in the results of the test for while in the first page of the Evaluation Report, in question, complainant was ruled as:chanrob1es virtual 1aw library

    ‘Steadiness and Endurance under pressure — Average’

    the summary on page thereof, by way of interpretation of such rating, states:chanrob1es virtual 1aw library

    ‘Under pressure, he needs emotional support.’

    It would not be farfetched for us therefore to surmise that the evaluator’s mind was already preconditioned towards buttressing respondent’s intent of terminating complainant’s employment, considering that the same, to reiterate, was issued on the very day of the dismissal, in question." chanrobles.com : chanrobles.com.ph

    So also, private respondent’s alleged violations of sleeping on post, and quarrelling with a co-worker, may not be proper grounds for dismissal, as the same were first infractions. Circular No. I dated March 16, 1983 of A’ Prime Security Services, Inc., 11 governing discipline, suspension and separation from the service of security guards, provides:jgc:chanrobles.com.ph

    "SECTION VIII — SLEEPING ON POST

    Any Security/Lady guard who is found sleeping while on post shall be punished as follows:chanrob1es virtual 1aw library

    1st Offense — Warning

    2nd Offense — 30 days suspension without pay

    3rd Offense — Dismissal

    SECTION IX — CHALLENGING A POSTED SECURITY/LADY GUARD AND SUPERIORS

    Any Security/Lady guard who challenges, assaults, provokes and insults an officially posted Security/Lady guard shall be punished:chanrob1es virtual 1aw library

    1st Offense — One (1) month suspension

    2nd Offense — Dismissal"

    As the infractions of Sections VIII and IX of Circular No. 1 by private respondent were first offenses, they were not punishable by dismissal. They were not valid grounds for terminating the employment of private Respondent.

    What is more, as found by the NLRC, the private respondent was not given a chance to contest his dismissal. He was deprived of an opportunity to be heard.

    Premises studiedly viewed in correct perspective, the Court is of the irresistible finding and conclusion that the dismissal of private respondent, a regular employee, was sans any just, legal and valid basis.

    WHEREFORE, the petition is DISMISSED; and the Decision, dated April 20, 1992, and Resolution, dated June 25, 1992, of the National Labor Relations Commission in NLRC NCR Case No. 00-02-01038-89, AFFIRMED. No pronouncement as to costs.

    SO ORDERED.chanrobles.com : virtual law library

    Melo, Vitug, Panganiban and Gonzaga-Reyes, JJ., concur.

    Endnotes:



    1. Penned by Presiding Commissioner Edna Bonto-Perez and concurred by Commissioners Domingo H. Zapanta and Rustico L. Diokno.

    2. Rollo, pp. 27-31.

    3. Ibid., pp. 33-49.

    4. Ibid., pp. 53-55.

    5. See Resolution dated June 25, 1992, Rollo, p. 50.

    6. Section 1, Rule 9, Rules of Court: "Allegations not specifically denied deemed admitted. — Material averment in the complaint, other than those as to the amount of damage, shall be deemed admitted when not specifically denied. Allegations of usury are deemed admitted if not denied specifically and under oath."cralaw virtua1aw library

    7. Section 3, Rule I, Revised Rules of the NLRC: "Suppletory application of Rules of Court and jurisprudence. — In the absence of any applicable provision in these Rules, and in order to effectuate the objectives of the Labor Code, the pertinent provisions of the Revised Rules of Court of the Philippines and prevailing jurisprudence may, in the interest of expeditious labor justice and whenever practicable and convenient, be applied by analogy or in a suppletory character and effect."cralaw virtua1aw library

    8. Rollo, p. 51.

    9. "Notwithstanding your probationary appointment, the Agency reserves the right to terminate your services for just cause even before the expiration of the term, as provided by law, or if your services are not satisfactory. Six (6) months after the effectivity of your probationary appointment, you shall report to this office without fail. Your overall performance will be analyzed and we will decide whether we will extend your services or not."cralaw virtua1aw library

    10. See NLRC Decision, Rollo, p. 41.

    11. Rollo, pp. 58-61.

    G.R. No. 107320   January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.


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