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PT&T vs.

NLRC
Philippine Telegraph and Telephone Company - petitioner
National Labor Relations Commission and Grace de Guzman - respondents
Topic !amily" #omen" and $outh %&ec. '(-')*
&alient !eatures o+ the ,N Convention on the -limination o+ .ll !orms o+
/iscrimination .gainst #omen % C-/.# *
!acts
Petitioner see0s relie+ +or e1traordinary 2rit o+ certiorari and invo0es concealment o+ civil status
and de+alcation o+ company +unds as grounds to terminate the services o+ an employee % de
Guzman*
Respondent /e Guzman claims that her services 2as terminated +or having contracted marriage
during her employment" 2hich 2as prohibited by company policies. &he asserts that she 2as
discriminated against in gross violation o+ the la2 - the Constitution and .rt. '34 o+ the Labor
Code.
.rt. '34 - &tipulation against marriage. 5t shall be unla2+ul +or an employer to re6uire as a
condition o+ employment or continuation o+ employment that a 2oman shall not get married" or to
stipulate e1pressly or tacitly that upon getting married" a 2oman employee shall be deemed
resigned or separated" or to actually dismiss" discharge" discriminate or other2ise pre7udice a
2oman employee merely by reason o+ marriage
!acts
- de Guzman 2as initially hired by petitioner as a reliever +or a +i1ed period since an employee
2as on maternity leave. This 2as again done 2hen another employee 2ent on leave as 2ell. The
employment o+ /e Guzman stipulated that her employment 2ould be immediately terminate upon
e1piration o+ the agreed period.
-respondent 2as then again invited to 7oin the petitioner8s company but this time as a probationary
employee 2ith a period covering '9: days. 5n her applications" she +illed out that she 2as single
even though she got married a +e2 months earlier. No2 it seems that her other applications %as a
reliever t2ice* also 2ere represented as single.
-the branch manager o+ ;aguio learned about her real status and sent her a memo re6uiring her
e1planation o+ the discrepancy. 5n that memo" she 2as reminded that the company has a policy o+
not accepting married 2omen.
-/e Guzman8s reply countered that she 2as not a2are o+ the company policy regarding married
2omen. &till" the petitioner dismissed her +orm service 2hich the latter contested as illegal
dismissal.
- /uring the initial hearing 2ith the Labor .rbiter" the petitioner also pointed out that de Guzman
+ailed to remit her collections thus also became a basis +or her termination.
Court /ecisions
'. Labot .rbiter Ruling - illegal dismissal on account o+ her having contracted marriage in
violation o+ company rules
(. .ppealed - NLRC - upheld the decision o+ the arbiter but modi+ied the decision that de Guzman
deserved to be suspended +or 3 months in vie2 o+ the dishonest nature o+ her act
&ubse6uent motion +or reconsideration 2as rebu++ed by the NLRC
5ssue 2as the termination legal<
=eld
The &upreme Court dismissed the petition on the grounds that the petitioner8s company policy
runs counter to &ec. ')" .rt. 55" and &ec. 3 and ')" .rt >555 o+ the '?@A Constitution.
The court issued that corrective labor and social la2s on gender ine6uality have emerged 2ith
more +re6uency in the years since the Labor Code %li0e in .rt '34* 2as enacted on Bay '" '?A)"
largely due to our country8s commitment as a signatory to the ,nited Nations C-/.#.