Case Digest (G.R. No. 150660)
Facts:
Cals Poultry Supply Corporation and Danilo Yap v. Alfredo Roco and Candelaria Roco, G.R. No. 150660, July 30, 2002, First Division, Kapunan, J., writing for the Court.Cals Poultry Supply Corporation (CALS), managed by Danilo Yap, operates a chicken-dressing plant. Alfredo Roco was hired as driver on March 15, 1984; his sisters Edna Roco and Candelaria Roco were hired as helpers (Edna on March 15, 1984; Candelaria on May 16, 1995, on probation). On March 5, 1996, Alfredo and Candelaria filed complaints for illegal dismissal (Alfredo alleging dismissal on January 20, 1996; Candelaria alleging termination after probation). Edna likewise filed for illegal dismissal/harassment arising from reassignment and alleged subsequent absence.
The Labor Arbiter, in a decision dated April 16, 1998, dismissed the complaints for lack of merit. The Labor Arbiter found Alfredo had taken a leave (January 4–18, 1996) and failed to return; CALS’s March 12, 1996 letter asking whether he intended to resume work demonstrated an attempt to ascertain his intentions, and Alfredo’s non-response showed he unilaterally severed the employment. The Arbiter held Candelaria was terminated within her probationary period for failure to qualify; Edna had abandoned her work.
The National Labor Relations Commission (NLRC) affirmed the Labor Arbiter in a decision promulgated January 17, 2000. The Rocos appealed to the Court of Appeals, which reversed the NLRC: it ordered reinstatement and backwages for Alfredo and Candelaria (finding Alfredo was dismissed without due process and Candelaria’s termination occurred after the six-month probationary period), but denied relief to Edna for abandonment. CALS and Yap filed a petition for review on certiorari with the Supreme Court. The Supreme Court initially issued a minute Resolution dated April 1, 2002 denying the petition; CALS moved for reconsideration, which prompted the present r...(Pro-only)
Issues:
- Did Alfredo Roco sustain illegal dismissal or did he abandon his employment?
- Was Candelaria Roco already a regular employee when her services were terminated on November 15, 1995, or was her termination within the six-month probationary period under Article ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)