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CAGR No 81262
august 25 1989
Facts:
Resitituto Tobias was employed by Globe Mackay cable and radio
corp. as a purchasing agent and administrative assistant to
the engineering operations managers. When a fictitious purchase
was discovered, henry, the vice president and general manager of
the company confronted him stating that he was a number one
suspect concerning the matter and ordered him to take one
week off, leaving his drawer open and his office keys. After
one week has elapsed, henry went to him again and called him a
crook and swindler and ordering him to take a lie detector and
other test which the results are negative. Subsequently he was
suspended and despite the reports, he was sued for estafa but was
dismissed. When he was terminated, he applied to retelco and
without the request of the company, henry gave a character
evaluation stating that Restituto was dismissed from their company
due to dishonesty. This event lead restituto to file a case for
damages against Globe Mackay cable and radio corp alleging the
unlawful, malicious, oppressive and abusive acts of Globe Mackay
cable and radio corp. the lower court rendered the judgement in his
favour as well as the CA. Hence this appeal. The Globe Mackay
cable and radio corp. said they cant be held liable because they
have conducted the an a lawful dismissal while the restituto
contended that because of their abusive manner is dismissing
him and inhuman treatment, they are held liable for damges.
Issues:
Whether or not Globe Mackay Cable and Radio Corp can be held
liable for damages resulting to abuse of right?
Held:
It is expected from the employer to be firm and to resolve to
uncover the truth but the treatment they have given to resituto
during his employment was uncalled for. Despite of the evidence
held, they accused restituto guilty without a basis and harass him
which are the standard of human conduct under art 19 of the civil
code. The right of the employer to dismiss an employee should bot
be confused with the matter in which the right is exercised and the
effects flowing form it. If the dismissal is done abusively, then the
employer is liable for damages to the employee. It is clearly
indicated that the Globe mackay cable and radio corp failed to
after submitting her request for disconnection, telling them that her
request was simply to force them to comply with their obligation
under their Memorandum of Agreement. But she did not. What
made matters worse is the fact that COWD undertook the
disconnection also without prior notice and even failed to reconnect
the Spouses Pastorfides water supply despite payment of their arrears. There
was clearly an abuse of right on the part of petitioner, COWD and
Gonzalez. They are guilty of bad faith. The principle of abuse of
rights as enshrined in Article 19 of the Civil Code provides that
every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due,
and observe honesty and good faith.