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PHILIPPINE AIRLINES v. NLRC

FACTS:

Private respondent, Dr. Herminio A. Fabros, worked as a flight surgeon at Philippine Airlines, Inc. (PAL) and was assigned to the PAL Medical Clinic at Nichols. On February 17, 1994, he left the clinic to have dinner at his residence, which was a five-minute drive away. The clinic received an emergency call from PAL Cargo Services, informing them that an employee had suffered a heart attack. The nurse on duty called Dr. Fabros at home to inform him of the emergency. Dr. Fabros arrived at the clinic at 7:51 in the evening, but the nurse had already left with the patient. The patient, Mr. Acosta, died the following day.

PAL's Medical Director conducted an investigation and charged Dr. Fabros with abandonment of post while on duty. After reviewing the charge and Dr. Fabros' response, PAL suspended him for three months. Dr. Fabros filed a complaint for illegal suspension, and the Labor Arbiter declared the suspension illegal, ordering PAL to pay Dr. Fabros all the benefits he should have received during the suspension period and moral damages.

PAL appealed the decision to the National Labor Relations Commission (NLRC), but the appeal was dismissed.

ISSUES:

  1. Whether the suspension of Dr. Herminio A. Fabros by Philippine Airlines, Inc. (PAL) was legal.

  2. Whether PAL is liable for moral damages to Dr. Fabros.

RULING:

  1. The suspension of Dr. Fabros was illegal.

  2. PAL is not liable for moral damages to Dr. Fabros.

PRINCIPLES:

  • Abandonment of Post: Leaving the workplace temporarily for a legitimate reason, such as taking a scheduled meal break, does not constitute abandonment of post if the employee returns promptly and their whereabouts are known.

  • Meal Breaks: Articles 83 and 85 of the Labor Code ensure that the normal eight-hour workday does not include meal breaks, and employees are entitled to leave the premises during such breaks unless specific exceptions apply.

  • Award of Moral Damages: Moral damages are justified only when the employee's suspension or dismissal is attended by bad faith, fraud, oppression, or actions contrary to morals, good customs, or public policy. Bad faith must be proven with clear and convincing evidence.