This case has been cited 1 times or more.
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2008-02-13 |
VELASCO JR., J. |
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| In the case at bar, respondent did not adduce any evidence to show waiver or condonation on the part of petitioners. Thus the finding of the CA that petitioners cannot use the previous absences and tardiness because respondent was not subjected to any penalty is bereft of legal basis. In the case of Filipio v. The Honorable Minister Blas F. Ople,[12] the Court, quoting then Labor Minister Ople, ruled that past infractions for which the employee has suffered the corresponding penalty for each violation cannot be used as a justification for the employee's dismissal for that would penalize him twice for the same offense. At most, it was explained, "these collective infractions could be used as supporting justification to a subsequent similar offense." In contrast, the petitioners in the case at bar did not impose any punishment for the numerous absences and tardiness of respondent. Thus, said infractions can be used collectively by petitioners as a ground for dismissal. | |||||