Facts:

The case revolves around a dispute between Asian Terminals, Inc. and its employee, Romeo Labrague, who was employed as a stevedore since the 1980s. On September 9, 1993, Labrague failed to report for work, claiming detention related to a criminal charge for a killing incident, which was later proven as baseless. After a prolonged absence exceeding one year, the company, through its counsel Atty. Rodolfo G. Corvite, Jr., sent Labrague a letter on December 27, 1994, demanding an explanation for his absence. In February 1995, the company issued a memorandum, terminating Labrague's employment due to "absence without official leave" for almost two years following his detention. After Labrague's release and acquittal, he reported back to work on July 3, 1996, only to be advised to reapply for his position. Subsequently, he filed a complaint with the National Labor Relations Commission (NLRC) for illegal dismissal and other claims including separation pay, non-payment

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Facts:

1. Employment Background: Romeo Labrague (respondent) was a stevedore employed by Asian Terminals, Inc. (petitioner) since the 1980s.
2. Absence from Work: On September 9, 1993, Labrague failed to report for work due to his arrest and detention for a criminal charge unrelated to his employment.
3. Notices from Employer: After more than a year of absence, Asian Terminals sent Labrague two letters (December 27, 1994, and January 1995) requiring him to explain his prolonged absence.
4. Termination: On February 8, 1995, Asian Terminals issued a memorandum terminating Labrague’s employment for being absent without official leave (AWOL) due to his detention.
5. Release and Reapplication: After his acquittal and release from detention in July 1996, Labrague reported for work but was advised to file a new application for rehiring.
6. Complaint Filed: Labrague filed a complaint for illegal dismissal, separation pay, non-payment of labor standard benefits, damages, and attorney’s fees before the National Labor Relations Commission (NLRC).

Issue:

1. Whether Labrague’s prolonged absence due to detention constitutes abandonment of work, justifying his dismissal.
2. Whether the dismissal of Labrague was illegal, entitling him to backwages and separation pay.
3. Whether Atty. Rodolfo G. Corvite, Jr., should be held jointly and severally liable with Asian Terminals, Inc., for the monetary awards.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

The petition was partially granted. The Court affirmed the CA’s decision declaring Labrague’s dismissal illegal and awarding backwages and separation pay. However, the solidary liability of Atty. Rodolfo G. Corvite, Jr., was deleted.