RAMILR.VALENZUELAv.ALEXANDRAMININGANDOILVENTURES,INC.

AND
CESARE.DETERA
G.R.No.222419,October05,2016
REYES,J.:
THIRDDIVISION
ILLEGALDISMISAL

FACTS: Valenzuela alleged that he was hired as a company driver of the respondent
corporationandafterfiveyearsandfivemonthsofservice,hewastoldthathecannolonger
continue to work as there were no forthcoming funds to pay for his salary. However, the
respondentsallegedthatValenzuelawasactuallyhiredasafamilydriveroftheDeterasandit
wasthepetitionerwhofailedtoreporttoworkandlateroninformedthemofhisresignation.
Furthermore,therespondentsaverredthattherecanbenoillegaldismissalonthe
partofthecompanybecausethepetitionerisafamilydriverandnotacompaniesemployee.

ISSUE: Whetherornotthereisillegaldismissal

HELD: Yes. the company id solidarily liable to pay tthe monetary awards due the
dismissedemployee.Asarule,acorporateofficerisnotpersonallyliableforthemoneyclaims
of discharged corporate employees unless he acted with evident malice and bad faith in
terminatingtheiremployment.
In the case at bar, bad faith was manifested by his persistent assertion that
Valenzuela was merely a family driver in order to justify his unceremonious dismissal. He
repeatedlyinsistedthatasafamilydriverormemberofthehouseholdservice,Valenzuelamay
beterminatedatwill,whichwasexactlywhathedid.HeunreasonablysentValenzuelahome
whenthelatterreportedforwork,thelatterunawareofwhathehaddonetomeritsuchanabrupt
termination.Cesar'sadmissionontherecklessmannerofValenzuela'sdismissaljustifiesholding
himsolidarityliablewithAMOVI.