G.R. No.

148738
June 29, 2004

Petitioner: Mitsubishi Motors Philippines Corporation

Respondents: Chrysler Philippines Labor Union and Nelson Paras

FACTS: Private respondent Nelson Paras first worked with Mitsubishi Philippines as a
shuttle bus driver on March 19, 1976. He resigned on June 16, 1982 because he
went to Saudi Arabia and worked there as a diesel mechanic and heavy machine
operator from 1982 to 1993. Upon his return, Mitsubishi Philippines re-hired him as
a welder-fabricator at a tooling shop from November 1, 1994 to March 3, 1995.

On May 1996, Paras was re-hired again, this time as a probationary manufacturing
trainee at the Plant Engineering Maintenance Department. He had an orientation on
May 15, 1996 and afterwhich, with respect to the companys rules and guidelines,
started reporting for work on May 27, 1996.

Paras was evaluated by his immediate supervisors after six months of working. The
supervisors rating Paras performance were Lito R. Lacambacal and Wilfredo J.
Lopez, as part of the MMPCs company policies. Upon this evaluation, Paras
garnered an average rating.

Later, respondent Paras was informed by his supervisor, Lacambacal, that he

received an average performance rating but it is a rate which would still qualify him
to be regularized. But as part of the company protocols, the Division Managers
namely A.C. Velando, H.T. Victoria and Dante Ong reviewed the performance
evaluation made on Paras. Despite the recommendations of the supervisors, they
unanimously agreed that the performance was unsatisfactory. As a consequence,
Paras was not considered for regularization.

Paras received a Notice of Termination on November 26, 1996 which was dated
November 25, 1996. This letters intent is to formally relieve him off of his services
and position effective the date since he failed to meet the companys standards.

ISSUE: Whether or not respondent Paras termination was legal or not.

HELD: The Court holds that a company employer may indeed hire an employee on a
probationary basis in order to determine his fitness to perform work. The Court
stresses the existence of the statements under Article 281 of the Labor Code which
specifies that the employer must inform the employee of the standards they were to
meet in order to be granted regularization and that such probationary period shall
not exceed six (6) months from the date the employee started working, unless
specified in the apprenticeship agreement.

Respondent Paras was employed on a probationary basis and was apprised of the
standards upon which his regularization would be based during the orientation. His
first day to report for work was on May 27, 1996. As per the company's policy, the
probationary period was from three (3) months to a maximum of six (6) months.
Applying Article 13 of the Civil Code, the probationary period of six (6) months
consists of one hundred eighty (180) days. The Court conforms with paragraph one,
Article 13 of the Civil Code providing that the months which are not designated by
their names shall be understood as consisting of thirty (30) days each. This case,
the Labor Code pertains to 180 days. Also, as clearly provided for in the last
paragraph of Article 13, it is said that in computing a period, the first day shall be
excluded and the last day included. Thus, the one hundred eighty (180) days
commenced on May 27, 1996, and ended on November 23, 1996. The termination
letter dated November 25, 1996 was served on respondent Paras only at 3:00 a.m.
of November 26, 1996. The Court held that by that time, he was actually already a
regular employee of the petitioner under Article 281 of the Labor Code. His position
as a regularized employee is thus secured until further notice.