Tierra International Const. Corp vs NLRC : 101825 : April 2, 1996 : J...
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http://sc.judiciary.gov.ph/jurisprudence/1996/apr1996/101825.htm
SECOND DIVISION
[G.R. No. 101825. April 2, 1996]
TIERRA
INTERNATIONAL
CONSTRUCTION
CORPORATION,
PERINIJMONENCO, CHERRY LYNN S. RICAFRENTE and KENNETH
BUTT, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION,
PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, MANUEL S.
CRUZ, RAYMUNDO G. NEPA and ROLANDO F. CARINO, respondents.
SYLLABUS
LABOR LAW AND SOCIAL LEGISLATION; LABOR CODE; RIGHT OF EMPLOYER TO
REGULATE ALL ASPECTS OF EMPLOYMENT; SHOULD BE EXERCISED IN KEEPING
WITH GOOD FAITH. - The right of an employer to regulate all aspects of employment is
recognized. Let there be no doubt about this. This right, aptly called management
prerogative, gives employers the freedom to regulate, according to their discretion and best
judgment, all aspects of employment including work assignments, working methods,
processes to be followed, working regulations, transfer of employees, work supervision,
lay-off of workers and the discipline, dismissal and recall of work. But the exercise of this
right must be in keeping with good faith and not be used as a pretext for defeating the rights
of employees under the laws and applicable contracts.
APPEARANCES OF COUNSEL
Robles, Ricafrente & Aguirre Law Firm for petitioners.
Fausto C. Ignacio and Jaime Linsangan for private respondents.
DECISION
MENDOZA, J.:
This is a petition for certiorari to set aside the decision of the National Labor Relations
Commission (Second Division) dated February 22, 1991, finding private respondents to have
been illegally dismissed, reversing for this purpose the contrary decision of the Labor Arbiter, as
well as the resolution of the NLRC denying reconsideration.
The facts are as follows:
Private respondents Manuel S. Cruz, Raymundo G. Nepa and Rolando F. Cario were
recruited by petitioner Tierra International Construction Corporation to work as transit mixer,
truck driver, and batch plant operator, respectively, in a construction project at Diego Garcia,
British Indian Ocean Territory. The contract of employment was for a period of twelve months at
the following rates of salary per month:
Name Salary Date Hired
Manuel S. Cruz US$375.00 12-01-88
Raymundo G. Nepa US$375.00 11-23-88
Rolando F. Cario US$500.00 11-20-88
Private respondents had barely started work in the foreign assignment when they had a
disagreement with the plant supervisor, Engineer Terrance Filby. What exactly they had been
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