In the case of Dionarto Q. Noblejas v. Italian Maritime Academy Phils., Inc., the Supreme Court addressed the critical interplay between regularization and illegal dismissal. The Court affirmed that while Noblejas had achieved the status of a regular employee, he failed to substantiate his claim of illegal dismissal. This decision underscores the necessity for employees to provide substantial evidence of dismissal before the burden shifts to employers to justify their actions. It also clarifies the criteria for determining regular employment status based on the nature of the work performed and the duration of service.

From Instructor to Regular Employee: Did the Maritime Academy Act Illegally?

The legal saga began when Dionarto Q. Noblejas, a training instructor/assessor at Italian Maritime Academy Phils., Inc. (IMAPI), alleged illegal dismissal after a dispute over his employment contract. Noblejas claimed that after he requested a new contract reflecting agreed-upon terms, he was verbally dismissed by the Managing Director’s secretary, following an altercation. IMAPI countered that Noblejas was not dismissed but rather abandoned his post after his demands were not met. The Labor Arbiter (LA) initially ruled in favor of Noblejas, but the National Labor Relations Commission (NLRC) reversed this decision, finding no evidence of dismissal. The Court of Appeals (CA) affirmed the NLRC’s ruling, prompting Noblejas to elevate the case to the Supreme Court.

At the heart of the matter was whether Noblejas was a regular employee and whether he was illegally dismissed. The Supreme Court turned to Article 280 of the Labor Code, which delineates two categories of regular employees: those engaged to perform activities necessary or desirable in the employer’s usual business, and those who have rendered at least one year of service. The Court emphasized that these categories are further classified into employees regular by nature of work and those regular by years of service. The determination of employment status is crucial, as it dictates the rights and protections afforded under the Labor Code.

“Pursuant to Article 280 of the Labor Code, there are two kinds of regular employees, namely: (1) those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (2) those who have rendered at least one year of service, whether continuous or broken, with respect to the activities in which they are employed.”

Applying these principles, the Court found that Noblejas had indeed attained regular employee status. His work as a training instructor/assessor was integral to IMAPI’s operations as a training and assessment center for seamen. Moreover, he had worked beyond the initial three-month contractual period, solidifying the necessity and indispensability of his services to IMAPI’s business. Thus, the Court held that Noblejas qualified as a regular employee at the time he ceased reporting for work.

However, the Court sided with IMAPI on the issue of illegal dismissal. The burden of proving illegal dismissal lies initially with the employee. As the Supreme Court stated, “Fair evidentiary rule dictates that before employers are burdened to prove that they did not commit illegal dismissal, it is incumbent upon the employee to first establish by substantial evidence the fact of his or her dismissal.” This means Noblejas needed to present concrete evidence that he was dismissed by IMAPI.

Noblejas’s sole evidence was his assertion that Capt. Terrei instructed Ferrez to dismiss him. The court found this insufficient, stating that aside from this statement, there was no corroborative and competent evidence presented to substantiate his claim. The court also found it significant that he immediately filed a case for illegal dismissal and stopped reporting for work instead of clarifying with Capt. Terrei about what he allegedly heard from Ferrez. This immediate action without further verification raised doubts about Noblejas’s claim of dismissal. Because of the lack of substantial evidence from Noblejas to prove he was dismissed, the Supreme Court found that IMAPI had not committed illegal dismissal.

The court also discussed the importance of positive and overt acts by the employer to indicate the intention to dismiss an employee. The Supreme Court emphasized that the fact of dismissal must be established by positive and overt acts of an employer indicating the intention to dismiss. There was no indication that Noblejas was prevented from returning to work or that IMAPI had taken any steps to terminate his employment.

Ultimately, the Supreme Court affirmed the CA’s decision with a modification. IMAPI was ordered to pay Noblejas his proportionate 13th-month pay and to reinstate him to his former position. The principle of “no work, no pay” was applied, meaning that Noblejas would not receive backwages for the period he did not work. This ruling balances the rights of the employee with the responsibilities of proving dismissal.

FAQs

What was the key issue in this case?	The key issue was whether Dionarto Q. Noblejas was illegally dismissed by Italian Maritime Academy Phils., Inc. (IMAPI), and whether he was a regular employee.
How did the court determine Noblejas’s employment status?	The court applied Article 280 of the Labor Code, which defines regular employees as those performing activities necessary or desirable to the employer’s business, or those who have rendered at least one year of service. Since Noblejas’s work was integral to IMAPI and he had worked beyond the initial contract, he was deemed a regular employee.
What evidence is needed to prove illegal dismissal?	An employee must provide substantial evidence of dismissal, such as notices of termination, prevention from returning to work, or other overt acts indicating the employer’s intent to terminate employment. A mere allegation without corroborating evidence is insufficient.
What is the ‘no work, no pay’ principle?	The ‘no work, no pay’ principle means that an employee is only entitled to compensation for work actually performed. In this case, Noblejas was not entitled to backwages because he did not work during the period in question.
What was IMAPI ordered to do in this case?	IMAPI was ordered to pay Noblejas his proportionate 13th-month pay and to reinstate him to his former position.
Why was Noblejas not awarded backwages?	Noblejas was not awarded backwages because the court applied the principle of ‘no work, no pay,’ as he did not render services during the period for which he sought compensation.
What is the significance of Article 280 of the Labor Code?	Article 280 of the Labor Code is crucial in determining employment status, distinguishing between regular and non-regular employees, and defining the rights and protections afforded to each.
Can an employee’s immediate filing of an illegal dismissal case be used against them?	Yes, the court considered Noblejas’s immediate filing of an illegal dismissal case without attempting to clarify the situation with his employer as a factor that weakened his claim of dismissal.

The case of Noblejas v. Italian Maritime Academy serves as a crucial reminder of the evidentiary burden placed on employees alleging illegal dismissal. It also highlights the importance of understanding the criteria for regularization under Philippine labor law. While Noblejas was recognized as a regular employee, his failure to provide substantial evidence of dismissal led to a mixed outcome, emphasizing the need for employees to gather and present robust evidence in labor disputes.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Noblejas v. Italian Maritime Academy, G.R. No. 207888, June 9, 2014