Title
Cebu Royal Plant vs. Deputy Minister of Labor
Case
G.R. No. L-58639
Decision Date
Aug 12, 1987
Ramon Pilones, dismissed for alleged tuberculosis, was deemed a permanent employee as he worked beyond probation. SC ruled dismissal unjustified due to lack of medical certification and prior clearance violation, ordering reinstatement with limited back wages.

Case Summary (G.R. No. L-58639)

Factual Background

Ramon Pilones was removed from his position by Cebu Royal Plant, prompting him to file a complaint with the Ministry of Labor. Initially, the regional director dismissed his complaint; however, this decision was overturned by the public respondent, necessitating Pilones' reinstatement and the payment of back wages. The petitioner contended that the Deputy Minister acted with grave abuse of discretion in ordering reinstatement.

Grounds for Dismissal

The petitioner argued that Pilones was still within his probationary period at the time of dismissal and claimed that the reason for his termination—minimal pulmonary tuberculosis—justified such an action. However, the Deputy Minister ruled that Pilones was a permanent employee entitled to security of tenure, as his illness had not been certified as incurable within six months, violating both labor regulations and constitutional protections.

Employment Status and Security of Tenure

Central to the issue was whether Pilones was a regular or probationary employee at the time of his dismissal. The court noted that under Article 282 of the Labor Code, an employee who continues to work after a probationary period is considered a regular employee. Evidence revealed that Pilones continued to work past the six-month probationary period, thus attaining regular status and the associated rights to security of tenure.

Employer's Obligations and Health Considerations

The court examined Cebu Royal Plant's claims regarding the dismissal's necessity for public health safety. It criticized the petitioner for waiting until the last day of the probationary period to conduct a medical examination. The employer failed to obtain the required certification from a competent public health authority confirming that Pilones' illness warranted dismissal. The medical certificate provided was deemed insufficient as it was not from an authorized health authority.

Failure to Follow Regulatory Requirements

Additionally, the employer's application for clearance to terminate Pilones' employment violated the pertinent regulations, which mandated prior clearance before termination. The petitioner's delay in seeking this clearance indicated an attempt to circumvent labor laws aimed at protecting employees.

Judicial Outcome and Modification

Ultimately, the Supreme Court dismissed the petition, reaffirming the

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