G.R. No. 192601 June 3, 2013 regularized receiving a monthly salary of ₱9,070.

00 plus other
monetary benefits; that sometime in 2001, Rico Pagkalinawan
replaced Torrecampo, which was opposed by complainant and
PHILIPPINE JOURNALISTS, INC., Petitioner,
three other co-employees; that Pagkalinawan took offense of
vs.
their objection; that on 22 October 2002, complainant Alfante
JOURNAL EMPLOYEES UNION (JEU), FOR ITS UNION
received a memorandum from Pagkalinawan regarding his
MEMBER, MICHAEL ALFANTE, Respondents.
excessive tardiness; that on 10 June 2003, complainant
Alfante received a memorandum from Executive Vice-
DECISION President Arnold Banares, requiring him to explain his side on
the evaluation of his performance submitted by manager
BERSAMIN, J.: Pagkalinawan; that one week after complainant submitted his
explanation, he was handed his notice of dismissal on the
ground of "poor performance"; and that complainant was
The coverage of the term legal dependent as used in a dismissed effective 28 July 2003.
stipulation in a collective bargaining agreement (CBA)
granting funeral or bereavement benefit to a regular
employee for the death of a legal dependent, if the CBA is Complainant Alfante submitted that he was dismissed without
silent about it, is to be construed as similar to the meaning just cause.
that contemporaneous social legislations have set. This is
because the terms of such social legislations are deemed Respondents, in their position paper, averred that
incorporated in or adopted by the CBA. complainants Pulido and Alfante were dismissed for cause and
with due process.
The decision of the Court of Appeals (CA) under review
summarizes the factual and procedural antecedents, as With regard to complainant Pulido, respondents averred that
follows: in a memorandum dated 30 May 2003, directed complainant
to explain her habitual tardiness, at least 75 times from
Complainant Judith Pulido alleged that she was hired by January to May of 2003. In a memorandum, dated 06 June
respondent as proofreader on 10 January 1991; that she was 2003, directed complainant to observe the 3 p.m. rule to
receiving a monthly basic salary of P-15,493.66 plus P-155.00 avoid grammatical lapses, use of stale stories just to beat the
longevity pay plus other benefits provided by law and their 10:00 p.m. deadline. In the same memorandum complainant
Collective Bargaining Agreement; that on 21 February 2003, was given the warning that any repeated violation of the rules
as union president, she sent two letters to President Gloria shall be dealt with more severely. Once again, in a
Arroyo, regarding their complaint of mismanagement being memorandum, dated 04 August 2003, complainant Pulido was
committed by PIJ executive; that sometime in May 2003, the required to explain why no disciplinary action should be taken
union was furnished with a letter by Secretary Silvestre against her for habitual tardiness – 18 times out of the 23
Afable, Jr. head of Presidential Management Staff (PMS), reporting days during the period from 27 June – 27 July 2003
endorsing their letter-complaint to Ombudsman Simeon V. and on 05 August 2003, complainant was directed to explain
Marcelo; that respondents took offense and started in writing why complainant should not be administratively
harassments to complainant union president; that on 30 May sanctioned for committing fraud or attempting to commit
2003, complainant received a letter from respondent fraud against respondents. Respondents found complainant’s
Fundador Soriano, International Edition managing editor, explanations unsatisfactory. On 07 August 2003, respondents
regarding complainant’s attendance record; that complainant dismissed complainant Pulido for habitual tardiness, gross
submitted her reply to said memo on 02 June 2003; that on insubordination, utter disrespect for superiors, and
06 June 2003, complainant received a memorandum of committing fraud or attempting to commit fraud which led to
reprimand; that on 04 July 2003, complainant received the respondents’ loss of confidence upon complainant Pulido.
another memo from Mr. Soriano, for not wearing her
company ID, which she replied the next day 05 July 2003; In case of complainant Alfante, respondents averred in
that on 04 August 2003, complainant again received a memo defense that complainant was dismissed for "poor
regarding complainant’s tardiness; that on 05 August 2003, performance" after an evaluation by his superior, and after
complainant received another memorandum asking her to being forewarned that complainant may be removed if there
explain why she should not be accused of fraud, which she was no showing of improvement in his skills and knowledge
replied to on 07 August 2003; and that on the same day on current technology.
between 3:00 to 4:00 P.M., Mr. Ernesto "Estong" San Agustin,
a staff of HRD handed her termination paper.
In both instances, respondents maintained that they did not
commit any act of unfair labor practices; that they did not
Complainant added that in her thirteen (13) years with the commit acts tantamount to interfering, restraining, or
company and after so many changes in its management and coercing employees in the exercise of their right to self-
executives, she had never done anything that will cause them organization.
to issue a memorandum against her or her work attitude,
more so, reasons to terminate her services; that she got
Respondents deny liabilities as far as complainants’ monetary
dismissed because she was the Union President who was very
claims are concerned. Concerning violations of the provision
active in defending and pursuing the rights of her union
on wage distortion under Wage Order No. 9, respondents
members, and in fighting against the abuses of respondent
stressed that complainants were not affected since their
Corporate Officers; and that she got the ire of respondents
salary is way over the minimum wage.
when the employees filed a complaint against the Corporate
Officers before Malacañang and which was later indorsed to
the Office of the Ombudsman. With respect to the alleged non-adjustment of longevity pay
and burial aid, respondent PJI pointed out that it complies
with the provisions of the CBA and that both complainants
The second complainant Michael L. Alfante alleged that he
have not claimed for the burial aid.
started to work with respondents as computer technician at
Management Information System under manager Neri
Torrecampo on 16 May 2000; that on 15 July 2001, he was
Respondents put forward the information that the alleged On February 5, 2010, the CA promulgated its decision in C.A.-
nonpayment of rest days – every Monday for the past three G.R. SP No. 99407,7 decreeing:
(3) years is a matter that is still at issue in NLRC Case No.
02-0402973-93, which case is still pending before this
WHEREFORE, premises considered, the instant petition is
Commission.
PARTLY GRANTED.

Respondents asserted that the respondents Arturo Dela Cruz,

The twin Resolutions dated January 31, 2007 and April 24,
Bobby Capco, Arnold Banares, Ruby Ruiz-Bruno and Fundador
2007, respectively, of the Third Division of the National Labor
Soriano should not be held liable on account of complainants’
Relations Commission (NLRC), in NLRC NCR CA No. 048785-
dismissal as they merely acted as agents of respondent PJI.1
06 (NLRC NCR Case No. 00-10-11413-04), are MODIFIED
insofar as the funeral or bereavement aid is concerned, which
Upon the foregoing backdrop, Labor Arbiter Corazon C. is hereby GRANTED, but only after submission of conclusive
Borbolla rendered her decision on March 29, 2006, disposing proofs that the deceased is a parent, either father or mother,
thusly: of the employees concerned, as well as the death certificate
to establish the fact of death of the deceased legal
dependent.
WHEREFORE, foregoing premises considered, judgment is
hereby rendered, finding complainant Judith Pulido to have
been illegally dismissed. As such, she is entitled to The rest of the findings of fact and law in the assailed
reinstatement and backwages from 07 August 2003 up to her Resolutions are hereby AFFIRMED.
actual or payroll reinstatement. To date, complainant’s
backwages is ₱294,379.54.
SO ORDERED.

Respondent Philippine Journalist, Inc. is hereby ordered to

Both parties moved for reconsideration, but the CA denied
pay complainant Judith Pulido her backwages from 07 August
their respective motions for reconsideration on June 2, 2010.8
2003 up to her actual or payroll reinstatement and to
reinstate her to her former position without loss of seniority
right. JEU and Alfante appealed to the Court (G.R. No. 192478) to
challenge the CA’s dispositions regarding the legality of: (a)
Alfante’s dismissal; (b) the non-compliance with Minimum
Respondent is further ordered to submit a report to this Office
Wage Order No. 9; and (c) the non-payment of the rest day.9
on complainant’s reinstatement ten (10) days from receipt of
this decision.
On August 18, 2010, the Court denied due course to the
petition in G.R. No. 192478 for failure of petitioners to
The charge of illegal dismissal by Michael Alfante is hereby
sufficiently show that the CA had committed any reversible
dismissed for lack of merit.
error to warrant the Court’s exercise of its discretionary
appellate jurisdiction.10
The charge of unfair labor practice is dismissed for lack of
basis.
The Court denied with finality JEU and Alfante’s ensuing
motion for reconsideration through the resolution of
SO ORDERED.2 December 8, 2010.11 The entry of judgment in G.R. No.
192478 issued in due course on February 1, 2011.12
Complainant Michael Alfante (Alfante), joined by his labor
organization, Journal Employees Union (JEU), filed a partial On its part, petitioner likewise appealed (G.R. No. 192601),
appeal in the National Labor Relations Commission (NLRC).3 seeking the review of the CA’s disposition in the decision of
February 5, 2010 on the granting of the funeral and
bereavement aid stipulated in the CBA.
In the meantime, on May 10, 2006, petitioner and Judith
Pulido (Pulido), the other complainant, jointly manifested to
the NLRC that the decision of March 29, 2006 had been fully In its petition for review, petitioner maintained that under
satisfied as to Pulido under the following terms, namely: (a) Section 4, Article XIII of the CBA, funeral and bereavement
she would be reinstated to her former position as editorial aid should be granted upon the death of a legal dependent of
staffmember, or an equivalent position, without loss of a regular employee; that consistent with the definition
seniority rights, effective May 15, 2006; (b) she would go on provided by the Social Security System (SSS), the term legal
maternity leave, and report to work after giving birth; (c) she dependent referred to the spouse and children of a married
would be entitled to backwages of ₱130,000.00; and (d) she regular employee, and to the parents and siblings, 18 years
would execute the quitclaim and release on May 11, 2006 in old and below, of a single regular employee;13that the CBA
favor of petitioner.4 This left Alfante as the remaining considered the term dependents to have the same meaning
complainant. as beneficiaries, as provided in Section 5, Article XIII of the
CBA on the payment of death benefits;14 that its earlier
granting of claims for funeral and bereavement aid without
On January 31, 2007, the NLRC rendered its decision
regard to the foregoing definition of the legal dependents of
dismissing the partial appeal for lack of merit.
married or single regular employees did not ripen into a
company policy whose unilateral withdrawal would constitute
JEU and Alfante moved for the reconsideration of the decision, a violation of Article 100 of the Labor Code,15 the law
but the NLRC denied their motion on April 24, 2007. disallowing the non-diminution of benefits;16 that it had
approved only four claims from 1999 to 2003 based on its
Thereafter, JEU and Alfante assailed the decision of the NLRC mistaken interpretation of the term legal dependents, but
before the CA on certiorari (C.A.-G.R. SP No. 99407). later corrected the same in 2000;17 that the grant of funeral
and bereavement aid for the death of an employee’s legal
dependent, regardless of the employee’s civil status, did not
occur over a long period of time, was not consistent and
deliberate, and was partly due to its mistake in appreciating a c. Death of legal dependent of a regular employee –
doubtful question of law; and that its denial of subsequent ₱15,000. (Emphasis supplied)
claims did not amount to a violation of the law against the
non-diminution of benefits.18
Petitioner insists that notwithstanding the silence of the CBA,
the term legal dependent should follow the definition of it
In their comment,19 JEU and Alfante countered that the CBA under Republic Act (R.A.) No. 8282 (Social Security Law),24 so
was a bilateral contractual agreement that could not be that in the case of a married regular employee, his or her
unilaterally changed by any party during its lifetime; and that legal dependents include only his or her spouse and children,
the grant of burial benefits had already become a company and in the case of a single regular employee, his or her legal
practice favorable to the employees, and could not anymore dependents include only his or her parents and siblings, 18
be reduced, diminished, discontinued or eliminated by years old and below; and that the term dependents has the
petitioner. same meaning as beneficiaries as used in Section 5, Article
XIII of the CBA.
Issue
We cannot agree with petitioner’s insistence.
In view of the entry of judgment issued in G.R. No. 192478,
JEU and Alfante’s submissions on the illegality of his Social legislations contemporaneous with the execution of the
dismissal, the non-payment of his rest days, and the violation CBA have given a meaning to the term legal dependent. First
of Minimum Wage Order No. 9 shall no longer be considered of all, Section 8(e) of the Social Security Law provides that a
and passed upon. dependent shall be the following, namely: (a) the legal
spouse entitled by law to receive support from the member;
(b) the legitimate, legitimated, or legally adopted, and
The sole remaining issue is whether or not petitioner’s denial
illegitimate child who is unmarried, not gainfully employed
of respondents’ claims for funeral and bereavement aid
and has not reached 21 of age, or, if over 21 years of age, is
granted under Section 4, Article XIII of their CBA constituted
congenitally or while still a minor has been permanently
a diminution of benefits in violation of Article 100 of the Labor
incapacitated and incapable of self-support, physically or
Code.
mentally; and (c) the parent who is receiving regular support
from the member. Secondly, Section 4(f) of R.A. No. 7875, as
Ruling amended by R.A. No. 9241,25 enumerates who are the legal
dependents, to wit: (a) the legitimate spouse who is not a
The petition for review lacks merit. member; (b) the unmarried and unemployed legitimate,
legitimated, illegitimate, acknowledged children as appearing
in the birth certificate; legally adopted or step-children below
The nature and force of a CBA are delineated in Honda Phils., 21 years of age; (c) children who are 21 years old and order
Inc. v. Samahan ng Malayang Manggagawa sa but suffering from congenital disability, either physical or
Honda,20 thuswise: mental, or any disability acquired that renders them totally
dependent on the member of our support; and (d) the
A collective bargaining agreement (or CBA) refers to the parents who are 60 years old or older whose monthly income
negotiated contract between a legitimate labor organization is below an amount to be determined by the Philippine Health
and the employer concerning wages, hours of work and all Insurance Corporation in accordance with the guiding
other terms and conditions of employment in a bargaining principles set forth in Article I of R.A. No. 7875. And, thirdly,
unit. As in all contracts, the parties in a CBA may establish Section 2(f) of Presidential Decree No. 1146, as amended by
such stipulations, clauses, terms and conditions as they may R.A. No. 8291,dependent for support upon the member or
deem convenient provided these are not contrary to law, pensioner; (b) the legitimate, legitimated, legally adopted
morals, good customs, public order or public policy. Thus, child, including the illegitimate child, who is unmarried, not
where the CBA is clear and unambiguous, it becomes the law gainfully employed, not over the age of majority, or is over
between the parties and compliance therewith is mandated by the age of majority but incapacitated and incapable of self-
the express policy of the law. support due to a mental or physical defect acquired prior to
age of majority; and (c) the parents dependent upon the
member for support.1âwphi1
Accordingly, the stipulations, clauses, terms and conditions of
the CBA, being the law between the parties, must be
complied with by them. The literal meaning of the stipulations It is clear from these statutory definitions of dependent that
of the CBA, as with every other contract, control if they are the civil status of the employee as either married or
clear and leave no doubt upon the intention of the contracting single is not the controlling consideration in order that
parties.22 a person may qualify as the employee’s legal
dependent. What is rather decidedly controlling is the fact
that the spouse, child, or parent is actually dependent for
Here, a conflict has arisen regarding the interpretation of the support upon the employee. Indeed, the Court has adopted
term legal dependent in connection with the grant of funeral this understanding of the term dependent in Social Security
and bereavement aid to a regular employee under Section 4, System v. De Los Santos,27 viz:
Article XIII of the CBA,23 which stipulates as follows:

Social Security System v. Aguas is instructive in determining

SECTION 4. Funeral/Bereavement Aid. The COMPANY agrees the extent of the required "dependency" under the SS Law. In
to grant a funeral/bereavement aid in the following instances: Aguas, the Court ruled that although a husband and wife are
obliged to support each other, whether one is actually
a. Death of a regular employee in line of duty – dependent for support upon the other cannot be presumed
₱50,000 from the fact of marriage alone.

b. Death of a regular employee not in line of duty – Further, Aguas pointed out that a wife who left her family
₱40,000 until her husband died and lived with other men, was not
dependent upon her husband for support, financial or have not yet settled on the specific minimum number of years
otherwise, during the entire period. as the length of time sufficient to ripen the practice, policy or
tradition into a benefit that the employer cannot unilaterally
withdraw.32
Said the Court:

The argument of petitioner that the grant of the funeral and

In a parallel case involving a claim for benefits under the
bereavement benefit was not voluntary but resulted from its
GSIS law, the Court defined a dependent as "one who derives
mistaken interpretation as to who was considered a legal
his or her main support from another. Meaning, relying on, or
dependent of a regular employee deserves scant
subject to, someone else for support; not able to exist or
consideration. To be sure, no doubtful or difficult question of
sustain oneself, or to perform anything without the will,
law was involved inasmuch as the several cogent statutes
power, or aid of someone else." It should be noted that the
existing at the time the CBA was entered into already defined
GSIS law likewise defines a dependent spouse as "the
who were qualified as the legal dependents of another.
legitimate spouse dependent for support upon the member or
Moreover, the voluntariness of the grant of the benefit
pensioner." In that case, the Court found it obvious that a
became even manifest from petitioner’s admission that,
wife who abandoned the family for more than 17 years until
despite the memorandum it issued in 200033 in order to
her husband died, and lived with other men, was not
"correct" the interpretation of the term legal dependent, it still
dependent on her husband for support, financial or otherwise,
approved in 2003 the claims for funeral and bereavement aid
during that entire period. Hence, the Court denied her claim
of two employees, namely: (a) Cecille Bulacan, for the death
for death benefits.
of her father; and (b) Charito Cartel, for the death of her
mother, based on its supposedly mistaken interpretation.34
The obvious conclusion then is that a wife who is already
separated de facto from her husband cannot be said to be
It is further worthy to note that petitioner granted claims for
"dependent for support" upon the husband, absent any
funeral and bereavement aid as early as 1999, then issued a
showing to the contrary. Conversely, if it is proved that the
memorandum in 2000 to correct its erroneous interpretation
husband and wife were still living together at the time of his
of legal dependent under Section 4, Article XIII of the CBA.
death, it would be safe to presume that she was dependent
This notwithstanding, the 2001-2004 CBA35 still contained the
on the husband for support, unless it is shown that she is
same provision granting funeral or bereavement aid in case of
capable of providing for herself.
the death of a legal dependent of a regular employee without
differentiating the legal dependents according to the
Considering that existing laws always form part of any employee's civil status as married or single. The continuity in
contract, and are deemed incorporated in each and every the grant of the funeral and bereavement aid to regular
contract,28 the definition of legal dependents under the employees for the death of their legal dependents has
aforecited social legislations applies herein in the absence of a undoubtedly ripened into a company policy. With that, the
contrary or different definition mutually intended and adopted denial of Alfante's qualified claim for such benefit pursuant to
by the parties in the CBA. Accordingly, the concurrence of a Section 4, Article XIII of the CBA violated the law prohibiting
legitimate spouse does not disqualify a child or a parent of the the diminution of benefits.
employee from being a legal dependent provided substantial
evidence is adduced to prove the actual dependency of the
WHEREFORE, the Court AFFIRMS the decision promulgated on
child or parent on the support of the employee.
February 5, 201 0; and ORDERS petitioner to pay the costs of
suit.
In this regard, the differentiation among the
legal dependents is significant only in the event SO ORDERED.
the CBA has prescribed a hierarchy among them
for the granting of a benefit; hence, the use of
the terms primary beneficiaries and secondary
beneficiaries for that purpose. But considering
that Section 4, Article XIII of the CBA has not
included that differentiation, petitioner had no
basis to deny the claim for funeral and
bereavement aid of Alfante for the death of his
parent whose death and fact of legal dependency
on him could be substantially proved.

Pursuant to Article 100 of the Labor Code, petitioner as the

employer could not reduce, diminish, discontinue or eliminate
any benefit and supplement being enjoyed by or granted to
its employees. This prohibition against the diminution of
benefits is founded on the constitutional mandate to protect
the rights of workers and to promote their welfare and to
afford labor full protection.29 The application of the prohibition
against the diminution of benefits presupposes that a
company practice, policy or tradition favorable to the
employees has been clearly established; and that the
payments made by the employer pursuant to the practice,
policy, or tradition have ripened into benefits enjoyed by
them.30 To be considered as a practice, policy or tradition,
however, the giving of the benefits should have been done
over a long period of time, and must be shown to have been
consistent and deliberate.31 It is relevant to mention that we