CASE 2014-0037: ABBOTT LABORATORIES, PHILIPPINES, CECILLE A. TERRIBLE, EDWIN D. FEIST, MARIA OLIVIA T. YABUT- MISA, TERESITA C. BERNARDO, AND ALLAN G. AL MAZAR, Petitioners, -versus – PEARLIE ANN F. ALCARAZ, Respondent. (G.R. No. 192571, 22 APRIL 2014, PERLAS-BERNABE, J.) SUBJECT/S: MOTION FOR RECONSIDERATION. (BRIEF TITLE: ABBOT LABORATORIES ET AL VS. ALCARAZ)
DISPOSITIVE:
“WHEREFORE, the motion for reconsideration dated August 23, 2013 of the Court’s Decision dated July 23, 2013 in this case is hereby DENIED.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
RESPONDENT ALCARAZ ARGUES THAT SC SHOULD NOT HAVE REVIEWED EVIDENCE BUT ONLY CONSIDERED QUESTIONS OF LAW. SC SHOULD ONLY HAVE DETERMINED WHETHER OR NOT CA PROPERLY DETERMINED THAT NLRC COMMITTED GRAVE ABUSE OF DISCRETION. IS HER CONTENTION CORRECT?
YES. BUT SC FOLLOWED SUCH RULE. IT FOUND OUT THAT CA COMMITTED ERROR IN HOLDING THAT NLRC DID NOT COMMIT GRAVE ABUSE OF DISCRETION CONSIDERING THAT NLRC DISREGARDED THE ATTENDANT CIRCUMSTANCES IN THIS CASE WHICH SHOW THAT ALCARAZ WAS APPRISED OF TWO THINGS: FIRST, WHAT HER DUTIES AND RESPONSIBILITIES ARE AND SECOND, HER STATUS AS PROBATIONARY EMPLOYEE. BY FAILURE TO PERFORM HER DUTIES, SHE FAILED TO MEET THE STANDARDS MADE KNOWN TO HER AT THE TIME OF HER EMPLOYMENT. (NOTE: IN OTHER WORDS, SC STILL DEALT WITH QUESTION OF LAW WHICH IS: WHETHER THE RIGHT LEGAL VIEW OF WHAT THE “STANDARDS” SHOULD BE WAS APPLIED IN EVALUATING THE ATTENDANT CIRCUMSTANCES.)
WHAT IS MEANT BY FAILURE TO MEET STANDARDS MADE KNOWN AT THE TIME OF HIRING WHICH CONSTITUTES GROUND FOR NON-REGULARIZATION?
IT CAN MEAN THAT AT THE TIME OF HIRING THE EMPLOYEE IS INFORMED OF HIS DUTIES AND RESPONSIBILITIES AND HE FAILED TO PERFORM THEM.
(NOTE: IN THIS CASE IT APPEARS THAT THE CONCEPT OF STANDARDS IS GENERALIZED. MERE FAILURE TO PERFORM DUTIES AND RESPONSIBILITIES MEANS NOT MEETING STANDARDS. ALSO, IT IS INTERESTING TO CONSIDER THAT IN THE CASE OF REGULAR EMPLOYEES, MERE FAILURE TO PERFORM IS NOT NECESSARILY GROUND FOR DISMISSAL SINCE THE JUST GROUNDS ARE SPECIFIC. IN THE CASE OF PROBATIONARY EMPLOYEES, MERE FAILURE TO PERFORM MEANS DISMISSAL (OR NON-REGULARIZATION) FOR FAILURE TO MEET STANDARDS. THIS APPEARS TO BE THE NEW CLARIFICATION ESTABLISHED IN THIS THIS RULING.)
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