Mariwasa Manufacturing, Inc.

, and
Angel T. Dazo
vs.
Hon. Vicente Leogardo, Jr. and Joaquin
A. Dequila
IRENE L. CHAM
AT T Y. R E Y E S
FACTS
Joaquin A. Dequila
General Utility Worker
on January 10, 1979

Mariwasa Manufacturing, Inc.

FACTS

His work was

unsatisfactory

Mariwasa extended Dequila’s

probationary period for
another 3 months,
FACTS

Dequila’s performance did

not improve.

Mariwasa terminated his

employment at the end of
the extended period.
FACTS

Dequila filed a complaint

for illegal dismissal.

DIRECTOR OF MINISTRY OF LABOR

dismissed the complaint.
FACTS
MINISTER OF LABOR
DEPUTY MINISTER VICENTE
LEOGARDO, JR.
held that he was illegally dismissed.

Sought to the Court to review

Hon. Leogardo’s decision.
ISSUE
Whether or not employer and
employee may, by agreement
extend the probationary period
of employment beyond the six
months prescribed in Art. 281
of the Labor Code of the
Philippines
RULING

Mariwasa Manufacturing, Inc.

won the case. The petition was
granted. The orders of Deputy
Minister Leogardo are reversed and
set aside.
APPLICABLE LABOR PROVISION
Art. 281. Probationary employment. Probationary employment
shall not exceed six (6) months from the date the employee started
working, unless it is covered by an apprenticeship agreement
stipulating a longer period. The services of an employee who has
been engaged on a probationary basis may be terminated for a just
cause or when he fails to qualify as a regular employee in
accordance with reasonable standards made known by the employer
to the employee at the time of his engagement. An employee who is
allowed to work after a probationary period shall be considered a
regular employee.