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    Pal Vs Palea

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    Chrysta Fragata
    Gotangco was caught trying to smuggle a piece of lead out of his workplace by security. He was dismissed for violating company rules. The Court of Industrial Relations found dismissal too severe given it was his first offense in 17 years of service. The court ordered his reinstatement without back wages. Jamilosa posed as an overseas employment recruiter but had no license. He promised three individuals jobs abroad but it was a scam. He was convicted of large scale illegal recruitment. The court affirmed the conviction, finding he met all elements of illegally recruiting three or more people. The Supreme Court upheld reinstating Gotangco, finding dismissal too severe for a first offense after 17 years, and reinstatement align

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    Pal Vs Palea

    Uploaded by

    Chrysta Fragata
    248 views1 page
    Gotangco was caught trying to smuggle a piece of lead out of his workplace by security. He was dismissed for violating company rules. The Court of Industrial Relations found dismissal too severe given it was his first offense in 17 years of service. The court ordered his reinstatement without back wages. Jamilosa posed as an overseas employment recruiter but had no license. He promised three individuals jobs abroad but it was a scam. He was convicted of large scale illegal recruitment. The court affirmed the conviction, finding he met all elements of illegally recruiting three or more people. The Supreme Court upheld reinstating Gotangco, finding dismissal too severe for a first offense after 17 years, and reinstatement align

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    Pal vs Palea

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    Gotangco was caught trying to smuggle a piece of lead out of his workplace by security. He was dismissed for violating company rules. The Court of Industrial Relations found dismissal too severe given it was his first offense in 17 years of service. The court ordered his reinstatement without back wages. Jamilosa posed as an overseas employment recruiter but had no license. He promised three individuals jobs abroad but it was a scam. He was convicted of large scale illegal recruitment. The court affirmed the conviction, finding he met all elements of illegally recruiting three or more people. The Supreme Court upheld reinstating Gotangco, finding dismissal too severe for a first offense after 17 years, and reinstatement align

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    248 views1 page

    Pal Vs Palea

    Uploaded by

    Chrysta Fragata
    Gotangco was caught trying to smuggle a piece of lead out of his workplace by security. He was dismissed for violating company rules. The Court of Industrial Relations found dismissal too severe given it was his first offense in 17 years of service. The court ordered his reinstatement without back wages. Jamilosa posed as an overseas employment recruiter but had no license. He promised three individuals jobs abroad but it was a scam. He was convicted of large scale illegal recruitment. The court affirmed the conviction, finding he met all elements of illegally recruiting three or more people. The Supreme Court upheld reinstating Gotangco, finding dismissal too severe for a first offense after 17 years, and reinstatement align

    Copyright:

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    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    PAL, Inc v PALEA Facts: Fidel Gotangco is an employee of Philippine Airlines.

    A piece of lead material was confiscated from him at one of the gates of the compound by a company security. On investigation, he admitted to intend the material for personal use. He was dismissed on the ground breach of trust and violation of the rules and regulations of his employer. Court of Industrial Relations: Dismissal is too severe a penalty to impose on Fidel Gotangco for trying to slip out a lead material. Because (1) it is his first time to commit the charge in question for the duration of his 17 yrs of service with respondent ; 2) the cost of said material, considering its size, is negligible (8 x 10 x1/2); 3) respondent did not lose anything after all as the lead material was retrieved in time; 4) the ignominy and mental torture undergone by Gotangco is practically punishment in itself; and 5) he has been under preventive suspension to date. For which reason, it would seem more equitable to retain than dismiss him. It was ordered that he be reinstated without backwages. Issue: WON reinstatement. Gotangco is entitled for

    People of the Philippines vs Joseph Jamilosa Facts: Jamilosa introduced himself to the complainants as a recruiter for employment abroad. Jamilosa told to the complainants that he has a sister working as a head nurse in a hospital in Los Angeles, California and he could help them be employed abroad. He also promised a fast deployment for them. The complainant trusted Jamilosa. On the day of their departure, they discovered that Jamilosa is a fraudulent recruiter. He was convicted of Illegal recruitment of Large Scale by RTC. Issue: WON the court erred in convicting him of Illegal Recruitment of Large Scale. Ruling: Any recruitment activities to be undertaken by non-licensee or non-holder of contracts shall be deemed illegal and punishable under Article 39 of the Labor Code of the Philippines. Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group. To prove illegal recruitment in large scale, the prosecution is burdened to prove three (3) essential elements, to wit: (1) the person charged undertook a recruitment activity under Article 13(b) or any prohibited practice under Article 34 of the Labor Code; (2) accused did not have the license or the authority to lawfully engage in the recruitment and placement of workers; and (3) accused committed the same against three or more persons individually or as a group. It can be gleaned from the language of Article 13(b) of the Labor Code that the act of recruitment may be for profit or not. It is sufficient that the accused promises or offers for a fee employment to warrant conviction for illegal recruitment. Joseph Jamilosa is convicted for large scale illegal recruitment under Sections 6 and 7 of Republic Act No. 8042

    HELD: Yes. It is in the express provision of the Constitution requiring the State to assure workers the security of tenure. In the light of the circumstances that it was the first offense after 17 years of service, dismissal is too severe a penalty. That is to conform to the ideal of the New Society, the establishment of that which referred to as Compassionate Society.

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