Title
Supreme Court
Brew Master International Inc. vs. National Federation of Labor Unions
Case
G.R. No. 119243
Decision Date
Apr 17, 1997
Employee dismissed for one-month absence due to family emergency; SC ruled no intent to abandon, reinstatement without backwages upheld.

Case Summary (G.R. No. 119243)

Applicable Law

The legal framework governing this case includes the Labor Code of the Philippines and the relevant provisions related to employee dismissal, particularly concerning just causes for termination and the employee’s right to due process. The pertinent constitutional provisions are drawn from the 1987 Philippine Constitution as the decision date is after 1990.

Factual Background

Antonio D. Estrada was employed as a route helper by Brew Master International Inc. from September 16, 1991. His last reported daily wage was ₱119. Estrada was absent without permission from April 19 to May 19, 1993. Following his absence, the company, through Mr. Rodolfo Valentin, issued a memorandum requiring Estrada to explain his unauthorized absence. Estrada provided an explanation citing a family emergency involving his children but found that his justification was deemed unsatisfactory by the employer. On June 16, 1993, Brew Master issued a notice of termination for abandonment of work.

Procedural History

Estrada filed a complaint challenging his dismissal, arguing it was without just cause. The Labor Arbiter dismissed the complaint, citing the employer's right to manage its operations and the principle that prolonged absences constitute abandonment of work. The Arbiter relied on precedential cases to support the dismissal based on Estrada's unauthorized absence and the lack of just cause for continued employment.

NLRC Decision

Estrada’s appeal to the NLRC led to a reversal of the Labor Arbiter's decision. The NLRC found that while Estrada's absences were unauthorized, they did not constitute gross neglect or abandonment warranting termination. Key to this determination was the finding that Estrada was a first-time offender, and his prolonged absence was attributed to unfortunate personal circumstances, namely emotional and logistical challenges arising from his wife's abandonment.

Supreme Court Analysis

Upon reviewing the NLRC's decision, the Supreme Court determined that the NLRC did not commit grave abuse of discretion in its ruling. The Court acknowledged that Estrada's absence was precipitated by a genuine family crisis. The second essential criterion for establishing abandonment, a clear intention to sever the

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