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    Cebu Royal Plant

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    aags_06
    1) Ramon Pilones was employed on a probationary period of six months by Cebu Royal Plant. After six months, his employment was terminated after a medical examination found he had PTB minimal. 2) Pilones complained to the Ministry of Labor about his dismissal. The Ministry required his reinstatement and back wages. 3) The court ruled that Pilones was a regular employee when dismissed as he worked past his probation. His dismissal was invalid as the company did not provide the required certification from a public health authority regarding his fitness to work. The petition was dismissed and reinstatement and limited back wages ordered.

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    Cebu Royal Plant

    Uploaded by

    aags_06
    34 views1 page
    1) Ramon Pilones was employed on a probationary period of six months by Cebu Royal Plant. After six months, his employment was terminated after a medical examination found he had PTB minimal. 2) Pilones complained to the Ministry of Labor about his dismissal. The Ministry required his reinstatement and back wages. 3) The court ruled that Pilones was a regular employee when dismissed as he worked past his probation. His dismissal was invalid as the company did not provide the required certification from a public health authority regarding his fitness to work. The petition was dismissed and reinstatement and limited back wages ordered.

    Original Title

    CEBU ROYAL PLANT

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    1) Ramon Pilones was employed on a probationary period of six months by Cebu Royal Plant. After six months, his employment was terminated after a medical examination found he had PTB minimal. 2) Pilones complained to the Ministry of Labor about his dismissal. The Ministry required his reinstatement and back wages. 3) The court ruled that Pilones was a regular employee when dismissed as he worked past his probation. His dismissal was invalid as the company did not provide the required certification from a public health authority regarding his fitness to work. The petition was dismissed and reinstatement and limited back wages ordered.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views1 page

    Cebu Royal Plant

    Uploaded by

    aags_06
    1) Ramon Pilones was employed on a probationary period of six months by Cebu Royal Plant. After six months, his employment was terminated after a medical examination found he had PTB minimal. 2) Pilones complained to the Ministry of Labor about his dismissal. The Ministry required his reinstatement and back wages. 3) The court ruled that Pilones was a regular employee when dismissed as he worked past his probation. His dismissal was invalid as the company did not provide the required certification from a public health authority regarding his fitness to work. The petition was dismissed and reinstatement and limited back wages ordered.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    CEBU ROYAL PLANT (SAN MIGUEL CORPORATION), 

    petitioner, vs.
    THE HONORABLE DEPUTY MINISTER OF LABOR and RAMON PILONES, respondents.
    G.R. No. L-58639 August 12, 1987

    Facts:

    Ramon Pilones was employed on a probationary period of employment for six (6) months. After said
    period, he underwent medical examination for qualification as regular employee but the results showed
    that he is suffering from PTB minimal. Consequently, he was informed of the termination of his
    employment. The private respondent complained to the Ministry of Labor on his dismissal. The public
    respondent, the Ministry of Labor through Deputy Minister required the company to reinstate the
    separated employee and pay him back wages. The petitioner appeals the decision of the public
    respondent, faulting him with grave abuse of discretion.

    Issue:

    Whether or not the private respondent was legally dismissed.

    Ruling:

    No. The court holds that the Ramon Pilones was already a regular employee when he was dismissed,
    that is when he continued working four days after his probationary period ended. As such, he could validly
    claim the security of tenure guaranteed to him by the Constitution and the Labor Code. Section 8, Rule I,
    Book VI, of the Rules and Regulations Implementing the Labor Code states that, “Where the employee
    suffers from a disease and his continued employment is prohibited by law or prejudicial to his health or
    to the health of his co-employees, the employer shall not terminate his employment unless there is a
    certification by a competent public health authority that the disease is of such nature or at such a stage
    that it cannot be cured within a period of six (6) months even with proper medical treatment. If the
    disease or ailment can be cured within the period, the employer shall not terminate the employee but
    shall ask the employee to take a leave. The employer shall reinstate such employee to his former
    position immediately upon the restoration of his normal health.” The record does not contain the
    certification required by the above rule. The medical certificate offered by the petitioner came from its
    own physician, who was not a "competent public health authority," and merely stated the employee's
    disease, without more.

    Therefore, the petition is dismissed with the modification that the backwages shall be limited to three
    years only and the private respondent shall be reinstated only upon certification by a competent public
    health authority that he is fit to return to work.

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