CASE 2016-0093: MARINA’S CREATION ENTERPRISES AND JERRY B. ALFONSO, VERSUS ROMEO V. ANCHETA, (G.R. NO. 218333, 07 DECEMBER 2016,  CARPIO, J) (SUBJECT/S: CONSTRUCTIVE DISMISSAL; REQUIREMENTS IF DISMISSAL IS DUE TO HEALTH REASONS; BACKPAY AND SEPARATION PAY AS SEPARATE AND DISTINCT RELIEFS AVAILABLE TO EMPLOYEE) (BRIEF TITLE: MARINA’S CREATION VS ANCHETA)

 

DISPOSITIVE:

 

“WHEREFORE, we DENY the petition. We AFFIRM the 2 June 2014 Decision and the 4 March 2015 Resolution of the Court of Appeals in CA-G.R. SP No. 130120.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

“The Implementing Rules of the Labor Code impose upon the employer the duty not to terminate an employee until there is a certification by a competent public health authority that the employee’s disease is of such nature or at such a stage that it cannot be cured within a period of six months even with proper medical treatment. In this case, Marina terminated Ancheta from employment without seeking a prior certification from a competent public health authority that Ancheta’s disease is of such nature or at such a stage that it cannot be cured within a period of six months even with proper medical treatment. Hence, Ancheta was illegally dismissed by Marina.

 

Finally, the CA did not err in awarding Ancheta full backwages and separation pay. In Reyes v. R.P. Guardians Security Agency, lnc.,21 this Court held that an employee who was unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges, and to his full backwages, inclusive of allowances and to his other benefits or their monetary equivalent computed from the time his compensation was withheld up to the time of actual reinstatement. If reinstatement is not possible, the award of separation pay is proper.22 Notably, backwages and separation pay are separate and distinct reliefs available to Ancheta who was illegally dismissed by Marina.”


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scd-2016-0093-marinas-creation-enterprises-case 

 

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