Title
Continental Micronesia, Inc. vs. Basso
Case
G.R. No. 178382-83
Decision Date
Sep 23, 2015
A U.S. citizen employed in the Philippines by a foreign corporation was illegally dismissed; labor tribunals upheld jurisdiction, ruled dismissal invalid due to lack of due process, and awarded separation pay and backwages.

Case Digest (G.R. No. L-26829)
Expanded Legal Reasoning Model

Facts:

  • Parties and Employment
  • Continental Micronesia, Inc. (CMI), a U.S. corporation licensed in the Philippines.
  • Joseph Basso, U.S. citizen residing in the Philippines, hired February 1, 1991 as General Manager under a signed employment contract.
  • Reorganization and Consultant Offer
  • November 7, 1992: CMI takes over Continental’s Philippine operations; Basso remains General Manager.
  • December 20, 1995: CMI offers Basso a consultant role (February 1 to July 31, 1996) with no salary but with insurance coverage, travel privileges, and a ₱1,140,000 housing advance.
  • Termination and Pre-Judicial Correspondence
  • January 11 & March 14, 1996: Basso inquires about employment status; HR responds that under the “at-will” clause he may be terminated with thirty days’ notice, allegedly served December 20, 1995.
  • March 14, 1996: CMI terminates Basso effective January 31, 1996, offering severance pay in lieu of reinstatement.
  • Labor Tribunal Proceedings
  • December 19, 1996: Basso files illegal dismissal complaint before the Labor Arbiter.
  • February 10, 1997: CMI moves to dismiss for lack of jurisdiction (foreign contract, lex loci contractus/celebrationis).
  • August 27, 1997: Labor Arbiter grants motion, applies U.S. law.
  • September 24, 1999: Labor Arbiter dismisses complaint on merits and jurisdiction (applies lex loci).
  • November 28, 2003: NLRC sets aside Labor Arbiter decision; finds jurisdiction (voluntary submission), just cause but procedural due process violated; awards US$5,416.00.
  • Court of Appeals and Supreme Court Review
  • May 23, 2006 CA Decision: Consolidated CMI and Basso certiorari petitions; denies CMI, grants Basso; declares dismissal illegal; orders separation pay plus full backwages; dismisses moral damages and attorneys’ fees.
  • June 19, 2007 CA Resolution: Denies CMI’s reconsideration; partially grants Basso’s on backwages computation.
  • September 23, 2015: Supreme Court issues its Decision on Rule 45 petition.

Issues:

  • Whether the Court of Appeals exceeded its certiorari jurisdiction by reviewing NLRC’s factual findings instead of limiting inquiry to grave abuse of discretion.
  • Whether the Labor Arbiter and the NLRC had jurisdiction over the subject matter and parties.
  • Whether Basso was validly dismissed for loss of trust and confidence.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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