SECTION 14: “The state recognizes the role of women in nation building, and shall ensure the

fundamental equality before the law of women and men.”

Philippine Telegraph & Telephone Company v. National Labor Relations Commission (NLRC)

FACTS:
 PT&T (Philippine Telegraph & Telephone Company) initially hired Grace de Guzman as reliever
for employees who were on leave on two different occasions and was again asked to join PT&T
as a probationary employee.
 She indicated in the job application form under civil status that she was single although she had
contracted marriage a few months earlier.
 She was dismissed from the company and Labor Arbiter handed down a decision declaring that
petitioner illegally dismissed de Guzman.
 PT&T petitioned for extraordinary writ of certiorari invoking the alleged concealment of civil
status and defalcation of company funds as grounds to terminate the services of an employee.
 Respondent argues that what really motivated PT&T to terminate her services was her having
contracted marriage during her employment, which is prohibited by company policies & thus
claims that she was discriminated against in gross violation of law.

ISSUE:
Whether or not the alleged concealment of civil status can be grounds to terminate the services of
an employee.

HELD:
No. In the Labor Code, Article 136 explicitly prohibits discrimination merely by reason of the
marriage of a female employee. The private respondent’s act of concealing the true nature of her
status from PT&T could not be properly characterized as willful or in bad faith as she was moved to
act the way she did mainly because she wanted to retain a permanent job in a stable company. In
other words, she was practically forced by that very same illegal company policy into
misrepresenting her civil status for fear of being disqualified from work.

Furthermore, said PT&T’s policy is afoul of the right against discrimination provided to all women
workers by our Constitution. The Constitution provides protective provisions due to the disparity in
rights between men and women in almost all phases of social and political life:
- Article II Section 14: “The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.”
- Article XIII Section 14: “The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full potential in
the service of the nation.”

*NLRC - is a quasi-judicial body under DOLE that is tasked to promote and maintain industrial peace
by resolving labor and management disputes.
*labor arbiters of the NLRC have exclusive original and exclusive jurisdiction to hear and decide
upon the cases of all workers, whether agricultural or non-agricultural.