========================================================= ======== During the first month as Production Manager, complainant had shown a good sense of responsibility and

met up with the demands of his duties. Complainant was able to introduce time and motion scheme and other innovative proposals geared towards increasing productivity. Due to complainants performance, in_____ !"" he was instructed to recruit additional sewers to complement the growing number of orders. #espondent thought that complainants performance will continue to soar, unfortanetly, after less than a year of employment, complainant performance drastically slided down and his output became frustratingly low. $hile complainant was in charge in implementing sanctons for violations of the house rules by the sewers, it was too late when respondent reali%ed that the root cause of infractions were in fact brought about by the arrogance and abuse of authority of the complainant. &hus, sometime in ____, !"" repondent 'u(i )alaguer being close relative of the complainant tal*ed to the latter and advised him to renew his ways and instead focus on his (ob. +fter the said conversation, complainant intimated that his misgivings were brought about by his family problem but promised that he will change for the better. )eing a close family relative, complainant was forgiven but warned not to repeat anymore his misconducts. ,owever, instead of renewing his ways, complainant became worse and began to e-hibit defiance against the wor* instructions of Mrs. )alaguer. )ecause of the seeming poor performance coupled with attitudinal issue of the complainant, the morale of his subordinates plummeted, their productivity decreases, disengaged and increased absenteeism continued to prosper, which led to deleterious effects on the repondents business. .n _________ !" , the production output decreased tremendously, leading to financial losses and difficulty in meeting respondents financial obligations, including the salaries of the employees/sewers. .t was during this time, that the respondent tal*ed to the complainant and advised him to consider loo*ing for another (ob, considering his unsatisfactory performance as well as the predicament the company that is presently encountering. &he complainant begged to stay with the respondent company and again promised that he will change his wor*ing attitude and behavior. )eing a relative, Mrs. )alaguer accepted the complainant, although retained his title as Production Manager, he was given limited authority as a way of precautionary measure by the respondent. )ut inspite of the chance that was e-tended, complaint continued with his old ways to the point that he constantly fell asleep during wor*ing hours because of hangover.

+gain Mrs. )alaguer personally informed the complainant after four months to seriously loo* for another (ob elsewhere because respondent can no longer tolerate his wrondoings and besides resspondent company barely afford to pay his salaries. Complainant cried and begged to let him stay. 'inally, on 0ept. 1, !"2, respondent confronted the complainant and told him not to report for wor* anymore because his poor wor* performance, being always drun* and abusive behavior. NO ILLEGAL DISMISSAL +s a general concept, 3poor performance3 is e4uivalent to inefficiency and incompetence in the performance of official duties. 5nder +rticle 6 of the 7abor Code, an unsatisfactory rating can be a (ust cause for dismissal only if it amounts to gross and habitual neglect of duties. &he fact that complainants performance is not only poor but li*ewise gross and habitual which lead to neglect of duties, complainant was not illegally terminated.. .n fact complainant was given due process, ample time was accorded to him by the respondent when for several times he was informed and advised to loo* for another (ob because of the difficult financial situation of the company due to the decline in the production output. #espondent was so considerate they stretched their meager means (ust to accommodate complainant for a longer period of employment despite their financial difficulty. )ut, comes the time that respondent can no longer bear the gross and habitual neglect of duty e-hibited by complainant coupled by his attitudinal issue NON ENTITLEMENT TO CLAIMS .t is apparent that the complianant discharge of duties and responsibilities which ineluctably 4ualify him as officers or members of the managerial staff, as defined in 0ection , #ule ", )oo* ... of the 7abor Code, vi%.8 9": their primary duty consists of the performance of wor* directly related to management policies of their employer; 9 : they customarily and regularly e-ercise discretion and independent (udgment; 92: they regularly and directly assist the managerial employee whose primary duty consists of the management of a department of the establishment in which they are< employed; 9=: they e-ecute, under general supervision, wor* along speciali%ed or technical lines re4uiring special training, e-perience, or *nowledge; 91: they e-ecute, under general supervision, special assignments and tas*s; and 9>: they do not devote more than !? of their hours wor*ed in a wor*<wee* to activities which are not directly and clearly related to the performance of their wor* hereinbefore described. Complainant is not a ran* and file employee because he e-ecutes management policies, he hired sewers, effectively recommended disciplinary action against erring subordinates, introduced and implemented changes and new methods, such as the time and motion scheme5nder the facts obtaining in this case, complainant should be considered as officers or members of the managerial staff, therefore, e-empt from the coverage of +rticle 6 . &hus, he is not entitled to overtime, rest day and holiday pay.

AWARD OF ATTORNEYS FEES IMPROPER &he award of attorney@s fees is improper and erroneous. $hile +rt. !6 of the Civil Code allows attorney@s fees to be awarded if the claimant is compelled to litigate with third persons or to incur e-penses to protect his interest by reason of an un(ustified act or omission of the party from whom it is sought, there is no showing in the present case that respondent acted willfully or in bad faith and practically compelled complainant to litigate. .nstead there had been (ust cause for his dismissal. &hus, in view of the declared policy of law that awards of attorney@s fees are the e-ception rather than the rule, the attorneys fees therefore should be denied.