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104599 March 11, 1994
231 SCRA 13
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
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.