PHILIPPINE LONG DISTANCE TELEPHONE COMPANY v.

NLRC RATIO:
(ABALOS)
G.R. NO. L-80609 1. Although financial assistance may be awarded to some
AUGUST 23, 1998, 164 SCRA 671 dismissed employees for just cause, such is not proper in this
case considering the reason for removal involves dishonesty.
EMERGENCY RECIT: ABUCAY was dismissed by PLDT for just 2. Labor Code provides that a person dismissed for cause is
cause (dishonesty). When ABUCAY filed for illegal dismissal, LA NOT entitled to separation pay. However, the CONSTITUTION
dismissed the case but awarded separation pay. PLDT categorically mandates the improvement of the lot of the
questioned the award of separation pay. COURT held that workers – hence, such is sufficient basis to justify the award
separation was not proper if the dismissal was dismissed for of separation pay in proper cases even if dismissal be for
serious misconduct or those reflecting on his moral character. cause.
(see doctrine) 3. Article XIII of the Constitution expressly recognizes the vital
role of labor, hand in hand with management, in the
DOCTRINE: The policy of social justice is not intended to advancement of the national economy and the welfare of
countenance wrongdoing simply because it is committed by the people in general.
the underprivileged. At best it may mitigate the penalty but it 4. Separation pay shall be allowed as a measure of social
certainly will not condone the offense.
justice only in those instances where the employee is validly
GR: Separation is proper even the dismissal is because of
dismissed for causes other than serious misconduct or those
just cause. (Ratio: Social Justice)
reflecting on his moral character.
E: When the dismissal, even if there is just cause, is 5. The policy of social justice is not intended to countenance
grounded on SERIOUS MISCONDUCT or those reflecting on wrongdoing simply because it is committed by the
MORAL character, NO separation pay is required to be given. underprivileged. Those who invoke social justice may do so
only if their hands are clean and their motives blameless and
FACTS:
not simply because they happen to be poor.
 ABUCAY was a traffic operator of PLDT for 10 years, until she
was dismissed for cause – DISHONESTY, as she received
P3800 in consideration of her promise to facilitate
applications of telephone installation.
 ABUCAY filed case against PLDT for illegal removal.
 LABOR ARBITER (“LA”): Case was dismissed but PLDT
awarded her financial assistance equivalent to 1 month
pay for every year of service (total: 10 months worth salary).
NLRC affirmed award of financial assistance.
 PLDT assailing award of financial assistance, claiming that
removal was with just cause.

ISSUE: W/N financial assistance may be awarded to an

employee who had been dismissed for just cause - NO.