Republic of the Philippines
SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 157010
June 21, 2005
PHILIPPINE NATIONAL BANK, petitioner,
vs.
FLORENCE O. CABANSAG, respondent.
DECISION
PANGANIBAN, J.:
The Court reiterates the basic policy that all Filipino workers, whether employed locally or overseas, enjoy the protective mantle of Philippine labor and
social legislations. Our labor statutes may not be rendered ineffective by laws or judgments promulgated, or stipulations agreed upon, in a foreign
country.
The Case
Before us is a Petition for Review on Certiorari1 under Rule 45 of the Rules of Court, seeking to reverse and set aside the July 16, 2002 Decision2 and
the January 29, 2003 Resolution3 of the Court of Appeals (CA) in CA-GR SP No. 68403. The assailed Decision dismissed the CA Petition (filed by
herein petitioner), which had sought to reverse the National Labor Relations Commission (NLRC)’s June 29, 2001 Resolution,4 affirming Labor Arbiter
Joel S. Lustria’s January 18, 2000 Decision.5
The assailed CA Resolution denied herein petitioner’s Motion for Reconsideration.
The Facts
The facts are narrated by the Court of Appeals as follows:
"In late 1998, [herein Respondent Florence Cabansag] arrived in Singapore as a tourist. She applied for employment, with the Singapore Branch of the
Philippine National Bank, a private banking corporation organized and existing under the laws of the Philippines, with principal offices at the PNB
Financial Center, Roxas Boulevard, Manila. At the time, the Singapore PNB Branch was under the helm of Ruben C. Tobias, a lawyer, as General
Manager, with the rank of Vice-President of the Bank. At the time, too, the Branch Office had two (2) types of employees: (a) expatriates or the regular
employees, hired in Manila and assigned abroad including Singapore, and (b) locally (direct) hired. She applied for employment as Branch Credit
Officer, at a total monthly package of $SG4,500.00, effective upon assumption of duties after approval. Ruben C. Tobias found her eminently qualified
and wrote on October 26, 1998, a letter to the President of the Bank in Manila, recommending the appointment of Florence O. Cabansag, for the
position.
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"The President of the Bank was impressed with the credentials of Florence O. Cabansag that he approved the recommendation of Ruben C. Tobias.
She then filed an ‘Application,’ with the Ministry of Manpower of the Government of Singapore, for the issuance of an ‘Employment Pass’ as an
employee of the Singapore PNB Branch. Her application was approved for a period of two (2) years.
"On December 7, 1998, Ruben C. Tobias wrote a letter to Florence O. Cabansag offering her a temporary appointment, as Credit Officer, at a basic
salary of Singapore Dollars 4,500.00, a month and, upon her successful completion of her probation to be determined solely, by the Bank, she may be
extended at the discretion of the Bank, a permanent appointment and that her temporary appointment was subject to the following terms and
conditions:
‘1. You will be on probation for a period of three (3) consecutive months from the date of your assumption of duty.
‘2. You will observe the Bank’s rules and regulations and those that may be adopted from time to time.
‘3. You will keep in strictest confidence all matters related to transactions between the Bank and its clients.
‘4. You will devote your full time during business hours in promoting the business and interest of the Bank.
‘5. You will not, without prior written consent of the Bank, be employed in anyway for any purpose whatsoever outside business hours by
any person, firm or company.