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ASIS v.

MINISTER OF LABOR AND EMPLOYMENT


ISSUES:
DOCTRINE: WON the removal of monthly ration of fuel benefit was okay? (YES)
The Deputy Minister found that the evidence satisfactorily established that the Central's WON there was ILLEGAL DISMISSAL? (NO, there was no need to alter deputy ministers
suspension of the petitioner's and others' monthly ration of gasoline and LPG, had been caused findings)
by unavoidable financial constraints; that such a suspension, in line with its conservation and
cost-saving policy, did not in truth effect any significant diminution of said benefits, since the HELD:
petitioner was nevertheless entitled to reimbursement of the actual amount of gas consumed; As regards the temporary revocation of the petitioner's monthly ration of fuel, suffice it to
that petitioner had encouraged his co-employees to file complaints against the Central over the point out that, as the Solicitor General stresses, this bad been occasioned by force of
rations issue, and this, as well as his institution of his own actions, had created an atmosphere circumstances affecting the Central's business. The monthly ration was not a part of his basic
of enmity in the Central, and caused the loss by the Central of that trust and confidence in him salary, and is not indeed found in any of the management payroll vouchers pertinent to the
so essential in a lawyer-client relationship as that theretofore existing between them; and that petitioner. 11 Moreover, the adverse consequences of the suspension of the monthly rations
under the circumstances, petitioner's discharge as the Central's Legal Counsel and Head of the had been largely if not entirely negated by the Central's undertaking to reimburse the petitioner
Manpower & Services Department was justified. for his actual consumption of fuel during the period of suspension. These facts are entirely
distinct from those obtaining in the case of States Marine Corporation and Royal Line, Inc. v.
xxxx Cebu Seamen's Association, Inc., 12 invoked by petitioner and thus preclude application of the
As regards the temporary revocation of the petitioner's monthly ration of fuel, suffice it to ruling therein laid down to the case at bar.
point out that, as the Solicitor General stresses, this bad been occasioned by force of
circumstances affecting the Central's business. The monthly ration was not a part of his basic A review of the record demonstrates that there is substantial evidence supporting the factual
salary, and is not indeed found in any of the management payroll vouchers pertinent to the findings of the respondent Deputy Minister. Said findings, as well as the legal conclusions
petitioner. 11 Moreover, the adverse consequences of the suspension of the monthly derived therefrom, cannot be said to have been rendered with grave abuse of discretion, and
rations had been largely if not entirely negated by the Central's undertaking to will thus be affirmed. In fine, and as petitioner could not but have realized from the outset,
reimburse the petitioner for his actual consumption of fuel during the period of neither he nor any other employee similarly situated had any legitimate grievance against the
suspension. These facts are entirely distinct from those obtaining in the case of States Marine Central.
Corporation and Royal Line, Inc. v. Cebu Seamen's Association, Inc., 12 invoked by petitioner
and thus preclude application of the ruling therein laid down to the case at bar. WHEREFORE, the petition is DISMISSED for lack of merit, with costs against petitioner.

FACTS:
1. Petioner was appointed as LEGAL COUNSEL of the Central Azucera de Pilar, and
later was also appointed as Manpower and Services Dept.
2. He was given basic salaries PLUS 200L gas allowance and a small LPG tank every
month -> but later, such was revoked for 5 years already as a cost reduction
measure.
3. This was raised by them, but was denied. This lead Asis to commence an action with
the Regional Office of the Ministry of Labor and Employment to restore the benefit.
Later, also filed complaint for he said that he was relieved through a temporary
leave absence by the company. He averred that this was tantamount to ILLEGAL
DISMISSAL.
4. The two cases were jointly heard and decided by the Regional Director. The latter's
judgments was for the petitioner's reinstatement to his former positions without loss
of seniority, benefits and other privileges, the payment to him of back wages from
date of his relief up to time of reinstatement, and the delivery to him of the monthly
benefits from the time of their temporary revocation up to actual restoration or, at his
option, the money equivalent thereof.
5. But this decision was REVERSED by the Deputy Minister of Labor. The suspension
of the benefit was because of an unavoidable financial constraint. Further, the
institution of actions created an atmosphere of enmity between them, hence his
discharge was said to be justifiable. The Deputy Minister's order of dismissal was
however subsequently modified, at the petitioner's instance, by decreeing the
payment to the latter of separation pay equivalent to one month's salary for every
year of service rendered.