Case Digest (G.R. No. 74246)
Facts:
Mariwasa Manufacturing, Inc., and Angel T. Dazo, petitioners, G.R. No. 74246, January 26, 1989, Supreme Court First Division, Narvasa, J., writing for the Court. The case concerns whether a probationary employment period may be validly extended by agreement beyond six months under the Labor Code.Private respondent Joaquin A. Dequila was hired by Mariwasa Manufacturing, Inc. as a general utility worker on January 10, 1979, on probation. At the expiration of the six-month probationary period Mariwasa informed Dequila that his performance was unsatisfactory. With Dequila’s written consent, the company extended his probation for an additional three months from July 10 to October 9, 1979; at the end of that extension his employment was terminated for continued unsatisfactory performance.
Dequila filed a complaint with the Ministry of Labor (Case No. NCR-STF-10-6282-79) for illegal dismissal and violations of Presidential Decrees Nos. 928 and 1389. Director Francisco L. Estrella of the Ministry’s National Capital Region dismissed the complaint after hearing, finding the dismissal justified and denying money claims for insufficiency of evidence. On appeal to the Office of the Minister, Deputy Minister Vicente Leogardo, Jr. reversed the regional director, holding that Dequila had become a regular employee at the time of dismissal and ordering reinstatement with back wages (later amended to make back wages run until December 20, 1982).
Petitioners then sought review in the Supreme Court by certiorari and prohibition, contending that the Deputy Minister’s decision was rendered with grave abuse of discret...(Subscriber-Only)
Issues:
- May a probationary employment period be validly extended beyond six months by agreement of the employer and the employee despite the six-month prescription of Article 282 of the Labor Code?
- Were the back wages awarded to respondent Dequila erro...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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