RELIEFS AND REMEDIES FOR ILLEGALLY DISMISSED EMPLOYEES :

WHAT THE LAW STATES AND WHAT JURISPRUDENCE GRANTS

A Thesis Presented to

The Faculty of College of Law

University of Batangas

Batangas City

In Partial Fulfilment

of the Requirements for the Degree of

Juris Doctor (J.D.)

By:

ORLANDA, PAMELA KYLLE A.

 Table of Contents

Page

Title Page i

Table of Contents ii

Acknowledgement iii

Abstract iv

Chapters

I. Problem and its Background

Introduction 1

Statement of the Problem 3

Significance of the Study 4

Scope, Delimitation and Limitation of the Study 4

Conceptual Framework 5

Definitions of Terms 6

II. Review of Related Literature and Related Studies

Related Literature 8

Related Studies 16

Synthesis 18

III. Methods and Procedures

Methods of Research 19
 Data and Reference Sources 21

Collection Technique 21

Validation of Instrument 22

Analytical Treatment of Data 22

IV. Interpretation of Data 23

V. Summary, Conclusions and Recommendations

Summary 28

Findings 30

Conclusions 32

Recommendations 33

Bibliography

Curriculum Vitae
 ACKNOWLEDGMENTS

The researcher would like to acknowledge the following for their help in the

accomplishment of this work:

First of all, the researcher would like to thank the God Almighty for giving him strength

and a sound mind and a healthy body in order to finish this work;

To the Thesis Writing Professor, Judge Elmer H. Alea for his patience and advice in

order to construct and finish this thesis;

To the Researcher’s family, for supporting him emotionally and financially;

To the Researcher’s office-mates and superiors at Bauan Municipal Adminitrator’s Office

for so much understanding in giving him ample time to cope up with the completion of this

thesis despite heavy work load and busy schedules;

The University of Batangas College of Law for giving the Researcher an opportunity to

conduct this kind of thesis and and to make this research study possible.
 ABSTRACT

Title : RELIEFS AND REMEDIES FOR ILLEGALLY

DISMISSED EMPLOYEES : WHAT THE LAW
STATES AND WHAT JURISPRUDENCE
GRANTS
Researcher : Orlanda, Pamela Kylle A.
Type of Document : Graduate Thesis
Degree : Juris Doctor (J.D.)
College : College of Law
School : University of Batangas
Address : Hilltop Rd., Kumintang Ibaba, Batangas City, 4200
Philippines
Year : 2019
Thesis Writing
Professor : Judge Elmer H. Alea

No. Of Pages : 34

Summary

This study sought to answer the following questions:

1. Why is there a need to determine whether Article 293 of the Labor Code provide

sufficient remedies to illegally dismissed employees?

2. Why is there a need to determine whether the Supreme Court, when declaring and

issuing doctrinal decisions on reliefs and remedies not found or established under Article

293, engage in “judicial legislation”?

3. Is it necessary to amend Article 293 of the Labor Code to reflect the reliefs and

remedies which are not incorporated into it but which have been doctrinally promulgated and

pronounced by the Supreme Court for years in the case of illegal dismissal?

In order to answer the following questions, the researcher used the qualitative method

after a series of data gathering procedure. For the said procedure, the researcher used the

internet, law books, journals, dissertations and unpublished theses related to the study.

Methodology

In this research, the researcher decided to use the qualitative method of research since

the field of study involves analyzing, studying and scrutinizing a law in relation to its

constitutional and other legal implications.

The qualitative method of research design embraces the descriptive method, a general

procedure employed in the studies that have for its chief purpose the description of the

phenomena in contract to ascertain what causes them or to access their value and

significance. It involves the collection of data in order to test the hypothesis or answer the
questions regarding the current status of the subject or the study. A holistic and contextual

approach of the research materials was made through the qualitative research.

The method was advantageous in the sense that it allowed for more diverse responses

having the capacity to adapt to new developments or issues during the research process itself.

viii Descriptive research requires the description, recording, analysis and interpretation of the

present nature, composition, or processes of phenomena. It involves more than mere

gathering of data. The real meaning of the data collected should be reported after the data has

been sorted.

Findings

1. Why is there a need to determine whether Article 293 of the Labor Code provide sufficient

remedies to illegally dismissed employees?

Since there are only two remedies mentioned in the provision of Article 293, there are

instances wherein the Supreme Court resorts to rendering decision without any basis in the

law. First case example is when remedies or reliefs are granted to illegally dismissed

employees who can no longer be reinstated because, for instance, of the existing “bad blood”

between the employee and the employer. The employees who are illegally dismissed are

allegedly deprived of their right to due process. Second, there are instances wherein The

Court would apply provisions in the law which are somewhat the same with the case at hand,

which would then result to inconsistent or differing in rendering of decisions for employees
who are found in similar situated cases. There are also instances wherein the court imposes

legal interest on the remedies or reliefs. Due to this, it shows an unfair and evident cases of

discrimination and a clear violation of the right of the employees to security of tenure. Third,

Third point as to why we need to determine whether Article 293 is sufficient is to

simultaneously determine whether the rendered decision violated the right of the employee to

due process. It has been going on for several years that dismissed employees without

affording to them procedural due process is considered to be violative of the constitutional

mandate of due process clause1 in the Section I, Art. III of the 1987 Constitution.

2. Why is there a need to determine whether the Supreme Court, when declaring and issuing

doctrinal decisions on reliefs and remedies not found or established under Article 293,

engage in “judicial legislation”?

The Court has no doubt compelled to engage in judicial legislation due to the

insufficiency of the law. The court has to create “laws” by rendering judicial

pronouncements which is by far out of the four corners of the existing law – Article 293

[279]. Thus, instead of interpreting and construing the law, the Court engage in legislating it.

For instance, there are unique situations wherein no provision in the Labor

Code covers involves cases where the employees files an illegal dismissal case against his

employer but there is no evidence that he was dismissed.

1
Clariesse Jami Mari A. Chan, 59 Ateneo Law Journal 810 (2014)
3. Is it necessary to amend Article 293 of the Labor Code to reflect the reliefs and remedies

which are not incorporated into it but which have been doctrinally promulgated and

pronounced by the Supreme Court for years in the case of illegal dismissal?

To address the issues cited, and to avoid any further confusion and debate over

the proper reliefs and remedies available to illegally dismissed employees, the answer to

question “Is it necessary to amend Article 293 of the Labor Code to reflect the reliefs and

remedies which are not incorporated into it but which have been doctrinally promulgated and

pronounced by the Supreme Court for years in the case of illegal dismissal?”, is in the

affirmative. Amendments would represent well-established and immemorially accepted

doctrines and values that deserve to be enshrined in the hollowed pages of the Labor Code

because of their intrinsic value and enduring relevance in the face of "changing times and

circumstances."

Conclusions

Based on the findings, the following conclusions were drawn:

1. There are three points as to why we need to determine whether Article 293 is

sufficient. First, it is important that which because of its insufficiency, the employees who

are illegally dismissed are allegedly deprived of their right to due process. Second, differing
in rendering of decisions for employees who are found in similar situated cases show an

unfair and evident cases of discrimination and a clear violation of the right of the employees

to security of tenure. Third, . it has been going on for several years that dismissed employees

without affording to them procedural due process is considered to be violative of the

constitutional mandate of due process clause. Hence, the importance to determine whether

Article 293 [297] is sufficient to stand in providing the proper and appropriate remedies to

illegally dismissed employees.

2. Due to the insufficiency of the provision of Article 293 in providing the appropriate

and proper remedy and relief, the Court has no doubt compelled to engage in judicial

legislation due to the insufficiency of the law. It is important to determine whether the court

is indeed engaged in judicial legislation because

3. There is a need to amend the Article 293 in order to address the issues cited, and to

avoid any further confusion and debate over the proper reliefs and remedies available to

illegally dismissed employees. The court would then be engage in the proper construing and

interpreting of the particular provisions of the said Code.

 Recommendations

1. A more careful study of the provisions of Article 293 of the Labor

Code which provides the reliefs and remedies of illegally dismissed employees to address the

issues on due process and on the judicial legislation.

2. An amendment of the provisions of Article 293 of the Labor Code in order to avoid

any further confusion and debate over the proper reliefs and remedies available to illegally

dismissed employees.