Crayons Processing v. Pula

Case Name: Crayons Processing v.
Pula
G.R. Number: 179563 Procedural Aspect
Topic: Disease Author: Kyra Sy-Santos The CA was correct in not giving credence to the Caluag report. . It appears that
the report emerged at first instance only in the proceedings before the Court of
Doctrine: For a dismissal on the ground of disease to be considered valid, two
Appeals. No reference was made to it before the Labor Arbiter or the NLRC. The
requisites must concur: (a) the employee must be suffering from a disease which
report, as attached to Crayons Comment before the Court of Appeals, is undated
cannot be cured within six months and his continued employment is prohibited
and unverified. It is then hearsay in character.
by law or prejudicial to his health or to the health of his co-employees; and (b) a
certification to that effect must be issued by a competent public health
Substantial Aspect
authority.
It is only where there is a prior certification from a competent public authority
Facts:
 Petitioner Crayons Processing, Inc. (Crayons) employed respondent Felipe Pula (Pula) as a
that the disease afflicting the employee sought to be dismissed is of such nature
Preparation Machine Operator or at such stage that it cannot be cured within six (6) months even with proper
 On 27 November 1999, Pula suffered a heart attack and was rushed to the hospital, where medical treatment that the latter could be validly terminated from his job. The
he was confined for around a week. requirement of a medical certificate under Article 284 cannot be dispensed with;
 Pula was advised by his attending physician to take a leave of absence from work and rest
otherwise, it would sanction the unilateral and arbitrary determination by the
for three (3) months.
 Subsequently, on 25 February 2000, Pula underwent an Angiogram Test at the Philippine employer of the gravity or extent of the employee's illness and thus defeat the
Heart Center under the supervision of a Dr. Recto, who advised him to take a two-week public policy in the protection of labor.
leave from work.
 Respondent was certified as fit to work by Dr. Recto. On 11 April 2000, Pula returned to The NLRCs conclusion that no such certification was required since Pula had
work, but 13 days later, he was taken to the company clinic after complaining of dizziness.
 Diagnosed as having suffered a relapse, he was advised by his physician to take a leave of
effectively been absented due to illness for more than six (6) months is
absence from work for one (1) month. unsupported by jurisprudence and plainly contrary to the language of the
 Pula reported back for work on 13 June 2000, armed with a certification from his physician Implementing Rules.
that he was fit to work. However, Pula claimed that he was not given any post or
assignment, but instead, on 20 June 2000, he was asked to resign with an offer from
Crayons of P12,000 as financial assistance.
Assuming that the burden did fall on Pula to establish that he was fit to return to
 Pula refused the offer and instead filed a complaint for illegal dismissal work, the two medical certifications stand as incontestable in the absence of
 In the belatedly filed Position Paper of petitioners they alleged that Pula had not been contrary evidence of similar nature from Crayons. Then again, the burden lies
dismissed at all, but had only been offered a less strenuous job. solely on Crayons to prove that Pula was unfit to return to work. Even absent the
 LA: Ruled that Pula was illegally dismissed.
certifications favorable to Pula, Crayons would still be unable to justify his
 NLRC: There was valid cause to terminate Pula’s employment considering that he had a
heart attack that kept him out of work for more than six (6) months. According to the dismissal on the ground of ill health or disease, without the necessary certificate
NLRC, the fact that Pula was on leave for more than six months due to his illness rendered from a competent public health authority.
unnecessary the certification from a public health authority as required under the
Omnibus Implementing Rules.
 CA: Reinstated the decision of the LA. The CA observed that the report attached to
petitioner’s Comment which narrated that during the time Pula was purportedly
dismissed, Crayons had told him that it was willing to allow him to return to work,
provided that he undergo a medical examination by a certain Dr. Ting, who was to prepare
a certification as to his fitness to return to work. Allegedly, after Pula had an initial
consultation with Dr. Ting, he failed to submit the medical findings prepared by the
Philippine Heart Center which would serve as basis for the medical certification. Instead,
Pula filed the instant complaint for illegal dismissal. Nonetheless, the Court of Appeals
refused to give weight to the report prepared by Caluag, noting that not having been
acknowledged before a notary public, it was hearsay and of nil probative value.
Issue:
(1) WON Pula was validly dismissed on the ground of disease
Held/Ratio:
(1) No.

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