Position Paper For The Respondents: Republic of The Philippines
Position Paper For The Respondents: Republic of The Philippines
Position Paper For The Respondents: Republic of The Philippines
POSITION PAPER
FOR THE RESPONDENTS
THE PARTIES
ISSUE
23. Article 284 (now Art. 299) of the Labor Code of the
Philippines authorizes an employer to dismiss an employee on the
ground of the employee being afflicted with a disease, to wit:
24. In this case, not only is there a just or authorized cause for a
valid termination of employment but there was also observance of due
process.
26. Further, in the case of Noblado et al. vs. Alfonso, G.R. No.
189229, November 23, 2015, the Supreme Court emphasized that:
The Labor Code and its IRR are silent on the procedural due
process required in terminations due to disease. Despite the
seeming gap in the law, Section 2, Rule 1, Book VI of the IRR
expressly states that the employee should be afforded
procedural due process in all cases of dismissals.
32. Anent the claim for backwages, the same are granted for
earnings a worker has lost because of his illegal dismissal. Considering
this case patently involves no illegal dismissal, respondents are not
obliged to pay such backwages.
RELIEF
By:
ARAMIS C. BENOZA
Counsel for Respondents
Roll No. 41851
PTR No. 6562315, 1/2/2020, Pampanga
IBP No. 099604, 12/20/2019, Pasig City (MD 2020)
MCLE No. VI-0009865, 7/3/2018, Pasig City
MCLE Valid Until 4/14/2022
Copy Furnished:
EXPLANATION
ARAMIS C. BENOZA
VERIFICATION
RODRIGO C. RAMOS
Respondent/Affiant