7/7/2021
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Remco Transport liable for Illegal Dimissal and ORDERING them to pay,
jointly and severally, petitioner Rolando B. Mesina full reimbursement of his
Placement Fee and his salaries for the unexpired portion of his employment
contract.
The case is REMANDED to the Labor Arbiter for the computation of such
monetary awards.
SO ORDERED. [30]
Herein petitioners' Motion for Reconsideration of the foregoing Decision was denied by
the appellate court's February 25, 2015 Resolution.
Aggrieved, petitioners filed the instant Petition for Review on Certiorari under Rule 45
of the Rules of Court. Petitioners mainly assert that the CA erred in holding that Mesina
was illegally dismissed because of the absence of a medical certificate as required
under Sec. 8, Rule I, Book VI of the Omnibus Rules Implementing the Labor Code of
the Philippines.[31]
Our Ruling
After a careful review of the records on hand, We find no cogent reason to disturb the
findings of the CA.
Item 8 of Mesina's employment contract with petitioners provides:
In the event of the Employee being unable to discharge his duties through
accident or illness incurred while working on the project or projects, medical
treatment will be provided free by the employer. If the illness [is prolonged]
or is found to be permanent, the employee will be returned to point of
departure at the employer's expense. It should be noted that the employer
will not be responsible for any medication required for personal injury or
illness due to improper behavior by employee.[32]
On the other hand, an employer may terminate an employee's employment on the
ground of a disease, as provided under Article 284 of the Labor Code:
ARTICLE 299 [284]. Disease as Ground for Termination.- An employer may
terminate the services of an employee who has been found to be suffering
from any disease and whose continued employment is prohibited by law or
is prejudicial to his health as well as to the health of his co-employees:
Provided, That he is paid separation pay equivalent to at least one (1)
month salary or to one-half (1/2) month salary for every year of service,
whichever is greater, a fraction of at least six (6) months being considered
as one (1) whole year.[33]
However, Section 8, Rule 1 of the Omnibus Rules Implementing the Labor Code sets out
the requirements in order to validly terminate an employee on the foregoing ground, to
wit:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66825
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