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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-33085. October 29, 1971.]

PHILIPPINE RABBIT BUS LINES, INC., Petitioner, v. JUAN CALMA, Respondent.

Angel A. Sison for Petitioner.

Efren L. Liwanag for Respondent.


SYLLABUS


1. LABOR LAW; TERMINATION PAY LAW; EMPLOYMENT WITHOUT DEFINITE PERIOD; WRITTEN NOTICE REQUIRED BEFORE DISMISSAL OF EMPLOYEE WITHOUT JUST CAUSE. — Calma’s employment with the company was admitted not for a definite period. Consequently, his employer had the legal right to terminate his services at any time even without just cause. As his dismissal on August 22, 1964 was not for a just cause. As his dismissal on August 22, court that Calma obeyed the orders of the shop superintendent to clean the comfort room of the waiting station, and the latter’s disapproval of Calma’s performance was patently not a valid reason to dismiss him outright, it was clearly the company’s legal duty to serve on Calma the written notice required by the Termination Pay Law before separating him from its employ, or, absent such notice, to accord him the separation pay due him.

2. ID.; ID.; ID.; ID.; SEPARATION PAY IN CASE AT BAR. — Considering that Calma started work with the company on March 3, 1953 and was dismissed on August 22, 1964 without just cause and without service of the required written notice, he is entitled to separation pay equivalent to five and one-half (5
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