G.R. No. 34882 - Laput vs. Bernabe

On June 2, 2004, Wide Wide World Express Corporation (WWWEC) offered Armando Aliling employment as Account Executive (Seafreight Sales) with a six-month probation period and a compensation package including PhP 13,000 monthly salary plus allowances and a possible 14th month pay.
On June 11, 2004, Aliling and WWWEC signed an employment contract providing that conversion to regular status would depend on work performance, and services might be terminated for just cause or according to standards set at engagement.

Instead of the assigned Seafreight Sales, Aliling was tasked to handle Ground Express (GX), a new domestic cargo forwarding product launched on June 18, 2004.
Manuel F. San Mateo (Sales and Marketing Director) emailed Aliling on July 16, 2004, expressing dissatisfaction with his performance, expecting GX Shuttles to be 80% full by August 5, 2004.

On September 25, 2004, Joseph R. Lariosa (HR Manager) requested Aliling to explain his alleged unauthorized absence from September 20, 2004; Aliling denied and provided timesheets proving attendance.
On September 27, 2004, Aliling tendered resignation effective October 15, 2004, citing instruction from San Mateo. WWWEC took no action on his resignation.
Aliling subsequently demanded reinstatement and a written apology, claiming forced resignation by San Mateo.

On October 6, 2004, WWWEC terminated Aliling’s services citing non-satisfactory performance during probation.
Aliling filed a complaint for illegal dismissal, nonpayment of salaries, and damages with the NLRC on October 4, 2004, denying he was informed of probationary standards and asserting forced resignation.

Labor Arbiter ruled on April 25, 2006, that dismissal was unjustified due to failure to inform Aliling of standards at engagement and ordered payment of salaries, benefits, and attorney’s fees.
NLRC affirmed the Labor Arbiter’s decision on May 31, 2007, and denied motions for reconsideration on August 31, 2007.
CA modified the decision on July 3, 2008, affirming NLRC resolutions but awarded additional separation pay and attorney’s fees, ruling Aliling was a regular employee from start due to lack of prior notification of standards.
CA denied Aliling’s motion for reconsideration on December 15, 2008.
WWWEC’s officers and the company were held jointly and severally liable by CA.

Whether the Court of Appeals erred in failing to order reinstatement despite finding illegal dismissal.
Whether the CA erred in failing to award backwages in the absence of reinstatement.
Whether moral and exemplary damages should have been awarded for dismissal to prevent acquisition of regular status.
Whether WWWEC’s officers are personally and solidarily liable for the monetary awards.