G.R. No.

70615 October 28, 1986

VIRGILIO CALLANTA, petitioner,

vs.

CARNATION PHILIPPINES, INC., and NATIONAL LABOR RELATIONS COMMISSION [NLRC], respondents

Facts:
Petitioner Virgilio Callanta was employed by private respondent Carnation Philippines, Inc.
[Carnation, for brevity] in January 1974 as a salesman in the Agusan del Sur area. Five [51 years later or
on June 1, 1979, respondent Carnation filed with the Regional Office No. X of the Ministry of Labor and
Employment [MOLE], an application for clearance to terminate the employment of Virgilio Callanta on
the alleged grounds of serious misconduct and misappropriation of company funds amounting to
P12,000.00, more or less.

The Labor Arbiter[LA]decision finding the termination of Callanta's employment to be without

valid cause. and respondent Carnation appealed to respondent National Labor Relations Commission
[NLRC] which in a decision dated February 25, 1985, set aside the decision of the Labor Arbiter. It
declared the complaint for illegal dismissal filed by Virgilio Callanta to have already prescribed.

Issue: whether or not petitioner CaLLanta is Illegally dismiss that violate his contitutional right to, ''no
person shall be deprived to life,Liberty,property without due prossess of law nor denied the equal
protection of law'' ?

Ruling:

Court stated in Bondoc us. People's Bank and Trust Co., 9 when a person has no property, his
job may possibly be his only possession or means of livelihood, hence, he should be protected against
any arbitrary and unjust deprivation of his job. Unemployment, said the Court in Almira vs. B.F.
Goodrich Philippines, 10 brings "untold hardships and sorrows on those dependent on the wage
earners. The misery and pain attendant on the loss of jobs thus could be avoided if there be acceptance
of the view that under all the circumstances of this case, petitioners should not be deprived of their
means of livelihood."

In the instant case, the action for illegal dismissal was filed by petitioners on July 5, 1982, or
three [3] years, one [1] month and five [5] days after the alleged effectivity date of his dismissal on June
1, 1979 which is well within the four [4]-year prescriptive period under Article 1146 of the New Civil
Code.

Ones employment, profession, trade is a property right, and the wrongful interference
therewith is an actionable wrong. The right is considered to be property within the protection of a
constitutional guaranty of due process of law. Clearly then, when one is arbitrarily and unjustly deprived
of his job or means of livelihood, the action instituted to contest the legality of ones dismissal from
employment constitutes, in essence, an action predicated upon an injury to the rights of the plaintiff,
as contemplated under Art. 1146 of the New Civil Code, which must be brought within four years

The Republic
Act 10361 also known as the Kasambahay Law,
Domestic Workers Act or Batas Kasambahay, institutes policies for the protection
and welfare of domestic workers, including househelp, nannies, laundrywomen, and cooks, among
others.

The law adheres to the state's aim to protect domestic workers by recognizing their needs,
ensuring they have safe and healthful working conditions, and formulating gender-sensitive policies and
programs. It was signed by President Benigno Simeon Aquino III on 18 January 2013.

Rights and privileges of domestic workers also known as the

Kasambay law
Standard treatment - The domestic worker shall not be subjected to any kind of abuse, physical
violence, or harassment, or any act which degrades their dignity.

Board, lodging and medical attendance - The domestic worker shall be provided basic necessities which
include at least three adequate meals a day and humane and safe sleeping arrangements. They shall be
provided adequate rest and assistance in case of illnesses and injuries sustained during service. The
employer shall not withdraw these basic necessities in order to punish or discipline the worker.

Guarantee of privacy - The domestic worker's privacy, which extends to all forms of communication and
personal effects, shall be respected.

Access to outside communication - The worker shall be provided access to outside communication
during free time and in case of emergency, even during work time. If the worker uses the employers
telephone or other communication facilities, the costs shall be covered by the worker unless such
charges are waived by the employer.

Right to education and training - The worker shall be provided the opportunity to finish basic education
and be allowed access to alternative learning systems and if possible, higher education or technical and
vocational training. Their schedule shall be adjusted by the employer to be able to access education or
training without affecting the services required by the employer.

Prohibition against privileged information - All communication and information of the employer or
members of the household shall be treated as privileged and confidential and shall not be publicly
disclosed by the worker during or after employment. Such privileged information shall be inadmissible in
evidence except when the suit involves the employer or any member of the household in a crime
against persons, property, personal liberty and security, or chastity.

Pre-employment
An employment contract shall be made between the worker and the employer before the start
of the service, in a language or dialect understood by both parties. The worker shall be provided a copy
of the duly signed contract. The contract shall cover:

Duties and responsibilities of the domestic worker

Period of employment

Compensation

Authorized deductions

Hours of work and proportionate additional payment

Rest days and allowable leaves

Board, lodging, and medical attention

Deployment expenses, if any

Loans

Termination of employment

Any other lawful condition agreed upon by both parties

The Department of Labor and Employment (DOLE) shall create a model employment contract. In cases
where the employment of the domestic worker is facilitated through a private employment agency, the
agency shall keep a copy of all employment contracts of domestic workers and shall be made available
for verification and inspection by DOLE.

Pre-employment requirements

Medical certificate or a health certificate issued by a local government health officer

Barangay and police clearance

National Bureau of Investigation (NBI) clearance

Duly authenticated birth certificate or, if not available, any other document showing the age of the
domestic worker (such as voters identification card, baptismal record or passport)

Others
Employment age of domestic workers - It is unlawful to employ any person below 15 years of age as a
domestic worker. Employment of working children shall be subject to the provisions of the Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act. They shall be entitled to
minimum wage, and all benefits provided under this act.

Employer's reportorial duties - Employers shall register all workers under their employment in the
Registry of Domestic Workers, in the barangay where the employer's residence is located.

Skills, training, assessment, and certification - DOLE and the Technical Education and Skills Development
Authority (TESDA) shall provide efficient training, assessment and certification to workers based on a
duly promulgated training regulation.

Employment
Health and safety - The employer shall safeguard the health and safety of the worker.

Daily rest period - The worker shall be entitled to a daily rest period of eight hours per day.

Weekly rest period - The worker shall be entitled to at least 24 consecutive hours of rest in a week.

Assignment to non-household work - No domestic worker shall be assigned to commercial, industrial, or

agricultural enterprise work at a wage rate which is lower than that provided for agricultural or non-
agricultural workers. The worker shall be paid the applicable minimum wage in said cases.

Extent of duty - If agreed upon by both parties, the worker may temporarily perform a task outside the
employer's household for the benefit of another household. It should be noted that any liability incurred
by the worker shall be born by the original employer. Also, such work performed outside the household
shall entitle the worker to additional payment not less than the existing minimum wage rate of a
domestic worker. It is unlawful for the original employer to charge any amount from the household
where the worker temporarily performed duties.

Minimum wage - The minimum wage of domestic workers shall not be less than:

(a) PHP 2,500 a month for those employed in the National Capital Region (NCR).

(b) PHP 2,000 a month for those employed in chartered cities and first class municipalities.

(c) PHP 1,500 a month for those employed from other municipalities.

Payment of wages - Wages shall be paid on time. Unless agreed upon by both parties in written form,
the employer shall not deduct any amount from the wages other than that which is mandated by law.
Any object other than the cash wage is not allowed as payment. The worker is entitled to thirteenth
month pay as provided for by law.
Pay slip - The employer shall provide the worker with a copy of the pay slip which contains the amount
paid in cash every pay day. It should also include all deductions made, if any. Copies of the pay slip shall
be kept by the employer for a period of three years.

Prohibition on interference in the disposal of wages - It is unlawful for the employer to interfere with the
freedom of the worker to dispose of their wages.

Prohibition against withholding of wages - It is unlawful for the employer to withhold the wages of the
worker.

Leave benefits - A worker who has served at least a year shall be entitled to an annual service incentive
leave of five days with pay. The unused portion of this annual leave shall not be cumulative or carried
over the succeeding years and shall not be convertible to cash.

Social and other benefits - A worker who has served at least one month shall be covered by the Social
Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-ibig, and shall be entitled to all the benefits in accordance with the
law. Contributions shall be shouldered by the employer. If the worker receives a wage of PHP 5,000 and
above per month, the worker shall pay the proportionate share in the contributions, as provided by law.

Rescue and rehabilitation of abused domestic workers - Any abused or exploited worker shall be rescued
by a municipal or city social welfare officer or social welfare officer from the Department of Social
Welfare and Development (DSWD) in coordination with the concerned barangay officials.

Post-employment
Termination of service - Neither the employer nor the worker may terminate the contract before the
expiration of the term. If the worker is unjustly dismissed, the worker shall be paid the compensation
earned plus the equivalent of 15 days work by way of indemnity. If the worker leaves without justifiable
reason, any unpaid salary not exceeding the equivalent 15 days work shall be forfeited. The employer
may recover from the worker costs incurred related to the deployment expenses, if any, provided that
the service has been terminated within six months from the worker's employment.

Termination initiated by the domestic worker - The worker may terminate the employment
relationship at any time before the expiration of the contract if the worker experiences any of the
following:

Verbal or emotional abuse

Inhuman treatment including physical abuse

Commission of crime or offense

Violation of the terms and conditions of the employment contract

Any disease prejudicial to the health of the worker, employer or any member of the household
Termination initiated by the employer - The employer may terminate the services of the worker at any
time before the expiration of the contract due to any of the following:

Misconduct or willful disobedience

Gross or habitual neglect or inefficiency in the performance of duties

Fraud or willful breach of trust

Commission of crime or offense

Violation of the terms and conditions of the employment contract

Any disease prejudicial to the health of the worker, employer or any member of the household

Employment certification - Upon the severance of the employment relationship, the employer shall
issue the worker a certificate of employment which indicates the nature, duration of service, and work
performance of the worker, within five days from the date when it was requested.

Private employment agencies

Through a system of licensing and regulation, DOLE shall ensure the protection of domestic workers
hired through PEAs. The PEA shall be jointly and severally liable with the employer for all the wages,
wage-related benefits, and other benefits due a domestic worker.