GR No.

80609 / August 23, 1988

Philippine Long Distance Telephone Company v. NLRC and Marilyn Abucay

Facts:
Marilyn Abucay was a traffic operator of PLDT. As such, she demanded a sum of money to
clients in order to facilitate approval of applications for telephone installation. After investigation,
she was found guilty and was terminated. She now filed for illegal dismissal against PLDT. The
Labor Arbiter held that the dismissal was proper and the company has to give her separation
pay. Upon motion for reconsideration, NLRC affirmed that the dismissal was valid as well as the
separation pay. Hence, the appeal.

Issue:
Whether or not the grant of separation pay was proper in this case.

Held:
No. The Court disallows the grant of separation pay in her case. The law gives award of
separation pay to a dismissed employee even if under just causes as a measure of social
justice. However, where the termination of the employee is more serious than mere inefficiency,
separation pay cannot be allowed for social justice is not intended to countenance wrongdoing
simply because it is committed by underprivileged.