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96150424-Rex-Case-Digest-2006-Vol-II

96150424-Rex-Case-Digest-2006-Vol-II

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Published by Jhanelyn Inopia

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Published by: Jhanelyn Inopia on Jun 28, 2012
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1REX CASE DIGEST: LABOR LAW AND SOCIAL LEGISLATION
R
EX
C
ASE
D
IGEST
L
ABOR
L
AW
 
AND
 S
OCIAL
L
EGISLATION
L
ABOR
C
ODE
C
OMPREHENSIVE
A
GRARIAN
R
EFORM
L
AW
S
OCIAL
S
ECURITY
L
AW
GSIS L
AW
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ETIREMENT
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AW
M
AGNA
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ARTA
 
FOR
H
EALTH
W
ORKERS
 
REX CASE DIGEST 20062
 
3REX CASE DIGEST: LABOR LAW AND SOCIAL LEGISLATION3
 Labor Laws; Preventive Suspension
The employer may place the worker concerned under preventivesuspension if his continued employment poses a serious and imminent threat to the life or property of the employer or hisco-workers. However, when it is determined that there is nosuf 
 
cient basis to justify an employee’s preventive suspension,the latter is entitled to the payment of salaries during the timeof preventive suspension.
RENATO S. GATBONTON, petitioner,
v.
NATIONAL LABOR RELATIONSCOMMISSION,
et al.,
respondents, G.R. No. 146779, January 23, 2006. FirstDivision.
 Austria-Martinez, J.
 Facts:
Before the Court is a petition for review on
certiorari
of the De-cision of the Court of Appeals which af 
rmed the earlier disposition of theNLRC.Renato Gatbonton, associate professor at the Faculty of Civil Engi-neering at the Mapua Institute of Technology, was placed on preventive sus-pension for thirty days. Said suspension was made pending the investigationof a complaint against Gatbonton by an engineering student for unfair/unjustgrading system, sexual harassment and conduct unbecoming of an academi-cian. Gatbonton
led a complaint for illegal suspension with the Labor Arbiter.Gatbonton also
led a petition for
certiorari
with the RTC, which resultedto a compromise agreement, where the MIT agreed to publish in the schoolorgan the rules and regulations implementing the Anti-Sexual Harassment Act(R.A.No. 7877), and to disregard the previous administrative proceedings andconduct anew an investigation. Meanwhile, the Labor Arbiter declared the il-legality of the preventive suspension. Gatbonton appealed since the Labor Ar-biter dismissed his claim for damages.
 Issues:
(1) Whether the preventive suspension was illegal; and (2) WhetherGatbonton is entitled to damages.
 Ruling:
The petition is PARTLY GRANTED. Gatbonton’s preventive sus-pension was illegal, but he is not entitled to damages.
 Preventive suspension, de
 
ned. —
Preventive suspension is a disciplinarymeasure for the protection of the company’s property pending investigationof any alleged malfeasance or misfeasance committed by the employee. Theemployer may place the worker concerned under preventive suspension if his

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