CEBU ROYAL PLANT VS. DEPUTY MINISTER OF LABOR G.R. No. L-58639.

August 12, 1987 FACTS: The private respondent was removed by the petitioner and complained to the Ministry of Labor. His complaint was dismissed by the regional director, who was, however, reversed by the public respondent. The public respondent held that Ramon Pilones, the private respondent, was already a permanent employee at the time of his dismissal and so was entitled to security of tenure. The alleged ground for his removal, to wit, pulmonary tuberculosis minimal, was not certified as incurable within six months as to justify his separation. But the petitioner for its part claims that Pilones was still on probation at the time of his dismissal and that his dismissal was not only in conformity with the company policy but also necessary for the protection of the public health. Ramon Pilones was employed on probation on February 16, 1978 and so ended on August 17, 1978, but it is not shown that the private respondents employment also ended then; on the contrary, he continued working as usual. ISSUE: whether or not Ramon Pilones was illegally dismissed by the petitioner RULING: Yes. He was illegally dismissed. Under Article 282 of the Labor Code, an employee who is allowed to work after a probationary period shall be considered a regular employee. Hence, Pilones was already on permanent status when he was dismissed four (4) days after he ceases to be a probationer. The Supreme Court said that: We take this opportunity to reaffirm our concern for the lowly workers who, often at the mercy of his employers, must look up to the law for his protection. Fittingly, that the law regards him with tenderness and even favor and always with faith and hope in his capacity to help in shaping the nations future. It is error to take him for granted. He deserves our abiding respect. How society treats him will determine whether the knife in his hands shall be a caring tool for beauty and progress or an angry weapon of defiance and revenge.