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BONIFACIO ASUFRIN v. SAN MIGUEL CORPORATION

This case has been cited 4 times or more.

	GR No. 165381 2011-02-09	NELSON A. CULILI v. EASTERN TELECOMMUNICATIONS PHILIPPINES LEONARDO-DE CASTRO, J.
This Court has been consistent in holding that the determination of whether or not an employee's services are still needed or sustainable properly belongs to the employer. Provided there is no violation of law or a showing that the employer was prompted by an arbitrary or malicious act, the soundness or wisdom of this exercise of business judgment is not subject to the discretionary review of the Labor Arbiter and the NLRC.[37]
	GR No. 166703 2008-04-14	AMA COMPUTER COLLEGE v. ELY GARCIA CHICO-NAZARIO, J.
The determination that the employee's services are no longer necessary or sustainable and, therefore, properly terminable for being redundant is an exercise of business judgment of the employer. The wisdom or soundness of this judgment is not subject to discretionary review of the Labor Arbiter and the NLRC, provided there is no violation of law and no showing that it was prompted by an arbitrary or malicious act. In other words, it is not enough for a company to merely declare that it has become overmanned. It must produce adequate proof of such redundancy to justify the dismissal of the affected employees.[23]
	GR No. 159641 2007-10-15	CALTEX v. NLRC AUSTRIA-MARTINEZ, J.
In Asufrin, Jr. v. San Miguel Corporation,[18] we ruled that it is not enough for a company to merely declare that it has become overmanned. It must produce adequate proof of such redundancy to justify the dismissal of the affected employees.
	GR NOS. 168194 & 168603 2005-12-13	SAN MIGUEL CORPORATION v. CAROLINE C. DEL ROSARIO YNARES-SANTIAGO, J.
Redundancy, for purposes of the Labor Code, exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a position is redundant where it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as overhiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufactured or undertaken by the enterprise.[25]