Agoy vs NLRC : 112096 : January 30, 1996 : J Francisco : Third Division
1 of 6
http://sc.judiciary.gov.ph/jurisprudence/1996/jan1996/112096.htm
THIRD DIVISION
[G.R. No. 112096. January 30, 1996]
MARCELINO B. AGOY, petitioner, vs. NATIONAL LABOR RELATIONS
COMMISSION, EUREKA PERSONNEL MANAGEMENT SERVICES, INC.,
ET. AL., respondents.
SYLLABUS
1. REMEDIAL LAW; EVIDENCE; FINDINGS OF FACT OF ADMINISTRATIVE BODIES; RULE;
EXCEPTION. - This Court has consistently adhered to the rule that in reviewing
administrative decisions such as those rendered by the NLRC, the findings of fact made
therein are to be accorded not only great weight and respect, but even finality, for as long as
they are supported by substantial evidence. It is not the function of the Court to once again
review and weigh the conflicting evidence, determine the credibility of the witnesses or
otherwise substitute its own judgment for that of the administrative agency on the sufficiency
of the evidence. Nevertheless, when the inference made or the conclusion drawn on the
basis of certain state of facts is manifestly mistaken, the Court is not estopped from
exercising its power of review.
2.
LABOR AND SOCIAL LEGISLATION; TERMINATION OF EMPLOYMENT;
PROBATIONARY EMPLOYEES; ENTITLED TO SECURITY OF TENURE; GROUNDS
FOR TERMINATION. - Probationary employees, notwithstanding their limited tenure, are
also entitled to security of tenure. Thus, except for just cause as provided by law or under
the employment contract, a probationary employee cannot be terminated. As explicitly
provided under Article 281 of the Labor Code, a probationary employee may be terminated
on two grounds: (a) for just cause or (b) when he fails to qualify as a regular employee in
accordance with reasonable standards made known by the employer to the employee at the
time of his engagement.
3. ID.; ID.; ID.; EMPLOYERS OBLIGATION TO INFORM THE PROBATIONARY EMPLOYEE
REGARDING THE STANDARDS OR REQUIREMENTS THAT MUST BE COMPLIED
WITH IN ORDER TO BECOME A REGULAR EMPLOYEE; NOT COMPLIED WITH IN
CASE AT BAR. - The record is bereft of any evidence to show that respondent employer
ever conveyed to petitioner-employee the standards or requirements that he must comply
with in order to become a regular employee. In fact, petitioner has consistently denied that
he was even given the chance to qualify for the position for which he was contracted. Private
respondent Al-Khodaris general averments regarding petitioners failure to meet its standards
for regular employment, which were not even corroborated by any other evidence, are
insufficient to justify petitioners dismissal.
4. ID.; ID.; QUITCLAIMS, WAIVERS OR RELEASES; DISFAVORED. - In our jurisprudence,
quitclaims, waivers or releases are looked upon with disfavor, particularly those executed by
employees who are inveigled or pressured into signing them by unscrupulous employers
seeking to evade their legal responsibilities. The fact that petitioner signed his notice of
termination and failed to make any outright objection thereto did not altogether mean
voluntariness on his part. Neither did the execution of a final settlement and receipt of the
amounts agreed upon foreclose his right to pursue a legitimate claim for illegal dismissal.
Expounding on the reasons therefor, the following pronouncements are in point: In labor
jurisprudence, it is well established that quitclaims and/or complete releases executed by the
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