Case Summary (G.R. No. L-58692)
Case Background
The petitioner filed for clearance to dismiss employee Ponciano Dabuet, citing habitual absenteeism, with orders for his reinstatement and backwages issued on September 22, 1977, by the Labor Arbiter. Subsequently, on September 29, 1977, a second clearance application was granted to terminate 460 employees, including Dabuet, due to serious business reverses. The first application was appealed, while the second was not contested and became final.
Legal Principles Involved
The case draws upon the provisions of the Labor Code, particularly regarding the procedures for employee termination and the preliminary clearance requirements. The principle of 'no work, no pay' applies, asserting that employees who have been absent without leave (AWOL) are not entitled to compensation.
Findings on Clearance Applications
The Court found that both clearance applications were filed within a short time frame, and the decisions regarding each case were handled by the same regional director. The decision in the second clearance effectively mooted the first application because it became final and executory, leading to the conclusion that the first order was no longer enforceable as Dabuet’s employment had been terminated by the second clearance application.
Determination of Employment Status
Ponciano Dabuet was determined not to have been illegally dismissed. The Court concluded that his absences during critical periods rendered him culpable of habitual absenteeism and gross neglect. The decision on his case asserted that absences without leave nullified his entitlement to backwages.
Orders Set Aside
The orders issued by the Minister of Labor affirming Dabuet’s reinstatement and backwages were deemed to have been made with grave abuse of discretion and excess of jurisdiction. The Supreme Court ultimately set aside these orders, emphasizing that Dabuet was legally consid
...continue readingCase Syllabus (G.R. No. L-58692)
Case Background
- The case involves a petition filed by Marinduque Mining & Industrial Corporation against government officials regarding the dismissal of employee Ponciano Dabuet.
- The petitioner sought clearance to terminate Dabuet's employment due to habitual absenteeism and being AWOL since December 18, 1976.
- The initial order directed the petitioner to reinstate Dabuet and pay him backwages from August 1, 1977, until his actual reinstatement.
Sequence of Events
- The petitioner filed two clearance applications within a month of each other:
- The first application (CDO-STF-APP Case No. 7-5-77) was decided on September 22, 1977.
- The second application (CDO-STF-APP Case No. 8-10-77) was decided on September 29, 1977, and approved the termination of 460 employees, including Dabuet.
- The decision on the first application was appealed by the petitioner on October 10, 1977, while the second application became final since none of the terminated employees appealed.
Legal Issues
- The core issue revolves around whether the first clearance order, which was under appeal, remained enforceable after the approval of the second clearance application that effectively terminated Dabuet'