ATCI Overseas Corp vs CA, Dr. Alcantara and Dr. G.R. No.

143949
Cabatbat
August 9, 2001 Gonzaga-Reyes, J.
ILLNESS/ DISEASE
SUMMARY:
Put (a) facts that are needed for the disposition of the issue, according to the topic in the
syllabus, (b) issue/s that are needed to be resolved, which are related to the topic in the
syllabus, (c) in whose favor the Supreme Court held the decision, and (d) the doctrine of the
case as it relates to the topic in the syllabus

PROCEDURAL ANTECEDENTS: How the case was elevated to the Supreme Court. Optional if
not necessary to the topic. Mandatory if the topic is procedural in nature.

FACTS: Note: Prof. Sobrevias was said to be facts-heavy last semester.

P and the Ministry of Public Health of Kuwait entered into a Memorandum of
Understanding:
o ATCI would recruit medical professionals for the latter to work in Kuwait
PRs Alcandara and Cabatbat were hired as dental hygienists for 2 years
o Before leaving they underwent a physical and medical examination in a clinic
accredited by POEA. Both were found physically fit.
o They were again subjected to anther physical examination in Kuwait
o After the 2 year period, PRs were informed that they were physical unfit for their
jobs
o 7 months after they have ceased to work, they were repatriated to the Philippines
PR filed a complaint with POEA against P for illegal dismissal and non-payment of salaries
alleging that despite their request, they were not given by their foreign ER copies of their
medical examination results and there was no written notice of termination
P claims that the Ministry had the right to dismiss PRs because they were physically unfit
to work; that the dismissal is the act of a foreign govt which may not be declared illegal
by the Phil govt.
POEA ruled that they were illegally dismissed since the alleged just cause (lung defect)
was not established and no written notice of the reasons why they were not allowed to
work anymore. Granting that they have lung defects, it should have been accompanied by
a doctors report or medical certificate to attest to their unfitness to work. Results of their
medical examination should be given to them so that appropriate measures may be taken
NLRC reserved the ruling of POEA and dismissed the complaint against P. PR submitted
additional evidence stating that the complainants were found to be positive of tuberculosis
and heart sickness based on the certification by the Ministry of Public Health of Kuwait
which was supported by the Certification issued by the Philippine Labor Attache in Kuwait
P claims that PR were merely probationary EEs who were dismissed for failure to qualify as
regular RRs since they were found to be inflicted with pulmonary tuberculosis after being
subjected to a physical examination in Kuwait

ISSUES: WON the PRs were illegally dismissed YES.

HELD:
1. The ER failed to provide proof that there was a certification by a competent public
health authority that the disease cannot be cured within 6 months even with
proper treatment.
The contract did not provide for a probationary period. They were never informed that
they were to be placed on probationary status and the requirements that they should
comply with to qualify as regular EEs

DIGEST MAKERS NAME CASE #XX

 Being regular EEs, the dismissal must comply with LC 284. ER may terminate his EE who
has been found to be suffering from a disease when the latters continued employment is
prohibited by law or is prejudicial to his health as well as to the health of his co-EEs. But
dismissal may not be summarily carried out. ER must comply with the Omnibus Rules Sec
8, Rule 1, Book 6 which states that if an EE suffers from a disease and his continued
employment is prohibited by law or prejudicial to his health or to the health of his co-EEs,
ER shall not terminate him unless there is a certification by a competent public
health authority that the disease is of such nature or at such a stage that it
cannot be cured within 6 months even with proper medical treatment. If the
disease can be cured, ER shall not terminate the EE but shall ask the EE to take
a leave. He must be reinstated to his former position immediately upon the
restoration of his normal health
The burden of proving the existence of such certificate is upon the ER, not the EE
Nothing in the records show that P complied with the Omnibus Rules before PR were
dismissed. No certification. It was only when the case was appealed to the NLRC when P
introduces a letter from the Ministry stating that PRs were found to be positive for
tuberculosis and heart disease. P also presented a certification issued by Phil Labor
attesting to such fact. = NOT ENOUGH to comply with the Omnibus Rule.
No finding that the disease is of such nature or at such a stage that it cannot be cured
within 6 months with proper medical treatment
Assuming the letter and certificate were sufficient to comply with the Rulles, P has not
proven that they were presented to PR before they were terminated

2. Since they were illegally dismissed, they are entitled to reinstatement without loss
of seniority rights and other privileges and to his full backwages, inclusive of
allowances, and other benefits computed from the time his compensation was
withheld from him up to the time of his actual reinstatement as per LC 279
Award of backwages is intended to restore to the EE the earning which he lost due to his
illegal dismissal
No records show the PRs wanted to be reinstated. It will also be difficult for PR to enforce
such against the Ministry of Public Health of Kuwait. In lieu of reinstatement, they are
entitled to separation pay 1 months pay for every year of service. Since they worked for
only 2 months, they are entitled to separation pay equivalent to 1/6 of their monthly salary
Entitled to attys fees equivalent to 10% of the total award

DIGEST MAKERS NAME CASE #XX