Caltex vs.

Philippine Labor Organization

May 27, 1959 No. L-9915 Unreported Cases Ponente: Paras, C.J. Facts: Hipdion del Rosario was hired by Caltex as labourer in its Pandacan Terminal. After two months he was suspended for insubordination. Caltex filed a petition with the Industrial Court for authority to dismiss him. After hearing, the court found del Rosario guilty of the acts complained of but believing that a permanent dismissal was to severe a punishment, the court ordered his reinstatement with payment of backwages. Caltex claims that the court committed a serious mistake of law and grave abuse of discretion in compelling it to retain del Rosario in its employ and in substituting its judgment in determining the fitness and qualification of a temporary employee to become permanent or regular. Issues: Whether or not del Rosarios discharge was proper. Whether or not the court has a right to substitute Caltexs judgment in d etermining the fitness and qualification of a temporary employee. Held: Del Rosarios discharge was proper. The acts of insubordination for which del Rosario was found guilty consist of disorderly conduct and wilful disobedience which to note was committed in a very short period of two months from the time of his hiring. Wilful disobedience is a justifiable ground for an employees discharge. Considering the period of time that del Rosario had been working for petitioner (Caltex) before his suspension, it can be said that he was on temporary or trial basis. Caltex has the right to place him under this condition to determine his fitness and competency.