You are on page 1of 1

DE YSASI VS NATIONAL LABOR RELATIONS COMMISSION, G.R. No.

104599 March 11, 1994
231 SCRA 13
!ACTS"
Jon De Ysasi and Jon De Ysasi III are father and sons respectively. The private respondent (father) owns a
hacienda in Negros Occidental. petitioner (son) is employed in the hacienda as the farm administrator. In
November !"#$ petitioner %nderwent s%rgery and so he missed wor&. 'e was confined and while he(s n%rsing
from his infections he was terminated$ witho%t d%e process$ by his father. De Ysasi III filed against his father for
illegal dismissal before the National )abor *elations +ommission. 'is father invo&ed that his son act%ally
abandoned his wor&.
ISS#E" ,hether or not De Ysasi III abandoned his wor&.
$ELD" No. 'is absence from wor& does not constit%te abandonment. To constit%te abandonment$ there m%st
be-
a.) fail%re to report for wor& or absence witho%t valid or .%stifiable reason$ and
b.) a clear intention to sever the employer/employee relationship.
,ith the second element as the more determinative factor and being manifested by some overt acts. No s%ch
intent was proven in this case.
The 0%preme +o%rt$ in ma&ing its decision$ noted that the lawyers for both camps failed to e1ert all reasonable
efforts to smooth over legal conflicts$ preferably o%t of co%rt and especially in consideration of the direct and
immediate consang%ineo%s ties between their clients especially considering that the parties involved are father
and son. This case may have never reached the co%rts had there been an earnest effort by the lawyers to have
both parties find an off co%rt settlement b%t records show that no s%ch effort was made. The %sef%l f%nction of a
lawyer is not only to cond%ct litigation b%t to avoid it whenever possible by advising settlement or withholding
s%it. 'e is often called %pon less for dramatic forensic e1ploits than for wise co%nsel in every phase of life. 'e
sho%ld be a mediator for concord and a conciliator for compromise$ rather than a virt%oso of technicality in the
cond%ct of litigation.

*%le .23 of the +ode of 4rofessional *esponsibility e1plicitly provides that 5(a) lawyer shall enco%rage his
client to avoid$ end or settle the controversy if it will admit of a fair settlement.6 7oth co%nsels fell short of what
was e1pected of them$ despite their avowed d%ties as officers of the co%rt. In the same manner$ the labor
arbiter who handled this regrettable case has been less than faithf%l to the letter and spirit of the )abor +ode
mandating that a labor arbiter 5shall e1ert all efforts towards the amicable settlement of a labor disp%te within
his .%risdiction.6

If he ever did so$ or at least entertained the tho%ght$ the copio%s records of the proceedings in
this controversy are barren of any reflection of the same.