Supposed an employee was dismissed from work for his failure to come to

work on time in the last 5 consecutive days.

List down at least 3 cases that would support his claim that he enjoys
protection from illegal dismissal as a regular employee and

3 cases would show that his dismissal from work was illegal.
The employee cannot be dismissed from his work as in the Labor Code, specifically, Article
277(b), which guarantees the right of an employee to the security of tenure. It provides that
ART. 277. MISCELLANEOUS PROVISIONS. – x x x
(b) Subject to the constitutional right of workers to security of tenure and their right to be
protected against dismissal except for a just and authorized cause and without prejudice to the
requirement of notice under Article 283 of this Code, the employer shall furnish the worker
whose employment is sought to be terminated a written notice containing a statement of the
causes for termination and shall afford the latter ample opportunity to be heard and to defend
himself with the assistance of his representative if he so desires in accordance with company
rules and regulations x x x. In the case of ACEBEDO v. ASEGURADO, it is stated that Law and
jurisprudence require an employer to furnish the employee with two written notices before
termination of his employment may be ordered. The first notice must inform him of the particular
acts or omissions for which his dismissal is sought; the second, of the employer’s decision to
dismiss the employee after he has been given the opportunity to be heard and defend himself.

he enjoys protection from illegal dismissal as a regular employee and

It is in the ruling in HARPOON MARINE SERVICES, INC. AND JOSE LIDO T. ROSIT,
PETITIONERS, VS. FERNAN H. FRANCISCOThe employment status of a person is defined and
prescribed by law and not by what the parties say it should be.59 In this regard, Article 295 of the
Labor Code "provides for two types of regular employees, namely: (a) those who are engaged
to perform activities which are usually necessary or desirable in the usual business or trade of
the employer (first category); and (b) those who have rendered at least one year of service,
whether continuous or broken, with respect to the activity in which they are employed (second
category)."

It held in ADVAN MOTOR, INC. V. VICTORIANO G. VENERACION that under Article 294 of the
Labor Code, that "In cases of regular employment, the employer shall not terminate the services
of an employee except for a just cause or when authorized by this Title. An employee who is
unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights
and other privileges and to his full backwages, inclusive of allowances, and to his other benefits
or their monetary equivalent computed from the time his compensation was withheld from him
up to the time of his actual reinstatement."