Case Digest (G.R. No. 54244)
Facts:
- Ernesto Javate, Jr. was a casual employee of San Miguel Corporation (SMC) at the B-Meg Warehouse in San Miguel, Bulacan.
- On June 21, 1974, Javate was involved in an accident and was initially confined at Figueroa Emergency Hospital, then transferred to Makati Medical Center.
- He was discharged on August 16, 1974, with clearance to resume work the next day, after a total of 56 days on sick leave.
- Javate filed for an 11-day vacation leave from August 17 to August 27, 1974, which was disapproved for not meeting the six-day prior filing requirement.
- On August 28, 1974, Javate reported for work and corrected his leave certificate to indicate fitness to return on August 17, 1974.
- He then filed for an additional 15-day vacation leave without pay from August 29 to September 12, 1974, which was also disapproved.
- On September 1, 1974, SMC "compulsorily retired" Javate, citing exhaustion of sick leave benefits and unfitness to return to work under the company's 1971 Health, Welfare, and Retirement Plan.
- Javate filed a complaint for illegal dismissal with the Department of Labor on September 25, 1975.
- The Executive Labor Arbiter ruled in favor of Javate on June 18, 1976, ordering SMC to reinstate him with back wages limited to one year.
- This decision was affirmed by the National Labor Relations Commission (NLRC) and the Office of the Secretary of Labor.
- SMC filed a petition for certiorari under Rule 65 of the Rules of Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court found no merit in SMC's contention and upheld the factual findings of the labor arbiter, NLRC, and the Department of Labor that Javate was fit to resume work, making his termination illegal.
- The Court ruled that Javate was dismissed and not retired, and such dismissal could not be validly done without clearance from the Department of Labor.
- The Court held that Javate was not estopp...(Unlock)
Ratio:
- The Supreme Court emphasized that factual findings...continue reading
Case Digest (G.R. No. 54244)
Facts:
The case involves San Miguel Corporation as the petitioner and Ernesto Javate, Jr. along with the Department of Labor as respondents. The events leading to the case began on June 21, 1974, when Ernesto Javate, Jr., a casual employee assigned to the B-Meg warehouse in San Miguel, Bulacan, was involved in an accident. He was initially treated at the Figueroa Emergency Hospital in Gapan, Nueva Ecija, and subsequently transferred to the Makati Medical Center. After being discharged on August 16, 1974, his attending physician certified him as fit to return to work the following day, August 17, 1974. However, due to the impact of Typhoon "Norming," Javate was unable to reach his workplace. To avoid being marked absent without leave, he, with the help of his supervisor, filed a vacation leave application for eleven days, from August 17 to August 27, 1974. This application was disapproved because it did not comply with the company's requirement of being filed six days in advance.
On August 28, 1974, Javate reported back to work and was informed that a clerical error in his leave certificate had indicated he was still under treatment. This error was corrected to reflect his fitness to work as of August 17, 1974. On the same day, he filed for an additional fifteen-day vacation leave without pay to repair his house, which had been damaged by the typhoon. This application was also disapproved for the same reason as the first. Consequently, his absences were charged to his sick leave benefits, which were deemed exhausted. On September 1, 1974, San Miguel Corporation "compulsorily retired" Javate, citing exhaustion of sick leave benefits and unfitness t...