CABRERA, Aljen B.

Constitutional Law 1
20103940 Atty. Denolo

PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, petitioner,

vs.
THE NATIONAL LABOR RELATIONS COMMISSION and MARILYN ABUCAY, respondents.

FACTS:

Marilyn Abucay, a traffic operator of the Philippine Long Distance Telephone Company, was
found guilty as charged and accordingly separated from the service of having demanded and received
from them the total amount of P3,800.00 in consideration of her promise to facilitate approval of
their applications for telephone installation. However, the NLRC decided that she was entitled for a
financial assistance of one month pay for every year of her service. It is because that the law in
accordance to social justice is compassionate to labors and workers even if their termination is with
cause. The grant of financial assistance is not intended as a reward for her offense but merely to help
her for the loss of her employment after working faithfully with the company for ten years.
The petitioner in this case, therefore challenged the resolution of NLRC on September 22, 1997
which partly said that it is for reasons of equity and compassion that we resolve to uphold the award
of financial assistance in her favor.

ISSUE:

Whether or not the NLRC erred in giving the private respondent a financial assistance.

HELD:

Yes. The court held that the grant of separation pay in the case at bar is unjustified. The court
stated that the policy of social justice is not intended to countenance wrongdoing simply because it is
committed by the underprivileged. At best it may mitigate the penalty but it certainly will not
condone the offense. Compassion for the poor is an imperative of every humane society but only
when the recipient is not a rascal claiming an undeserved privilege. Therefore, the petition was
GRANTED.