LABOR LAW

Ernesto Medina and Jose G. Ong v. Bartolome et al.

GR L-59825, September 11, 1982

FACTS:
A civil case was filed on May 1979 by Medina and Ong against Cosme de Aboitiz and Pepsi PHL.
Medina was the former Plant General Manager and Ong the former Plant Comptroller.

The complaint stemmed from an incident on 12/20/1977 when Cosme de Aboitiz, Prsident and CEO of
Pepsi PHL went to the Pepsi Plant in Muntinlupa, MM and without any provocation shouted in front of
petitioner's subordinates "God damn it, you fucked me upyou shut up! Fuck you! You are both shit to
me! You are fired (referring to Medina), You too are fired! (referring to Ong)."

Plaintiffs on 1/9/1978 filed a joint criminal complaint for oral defamation against de Aboitiz without
corroboration from 2 witnesses. After preliminary investigation the judge dismissed the complaint because
the expression "Fuck you" and "You are both shit to me" wre uttered not to slander but to express anger
and displeasure.

A petition for review filed by plaintiffs with the Secretary of Justice sustained the plaintiffs complaint and
reversed the resolution of the provincial fiscal and directing him to file against defendant Cosme de
Aboitiz an information for grave slander.

On 6/4/1979 a motion to dismiss the complaint for lack of jurisdiction was filed by defendants, trial court
denied the same. A second motion to dismiss was filed by defendants on 1/23/1981 with the passage of
PD 1691 amending Art. 217 of Labor Code and BP 70 (5/1/1980) amending Art. 248 of Labor Code under
which jurisdiction over employer-employee claims and relations of workers have been removed from the
CFI, complaint dismissed. Plaintiffs motion for reconsideration was filed on 7/7/1981 but only acted on
2/8/1982 or 7 mos. for the denial decision to be promulgated.

ISSUE:

1. Is the Labor Code relevant to the reliefs sought by petitioners?

2. Is the relief sought by petitioners cognizable by the courts?

RULING:

1. No, the complaint of the plaintiffs does not allege any unfair labor practice.

2. Yes, the complaint is a simple action for damages for tortious acts allegedly committed by the
defendants. Such being the case, the governing statute is the Civil Code and not the Labor Code.

Petition granted. Respondent Judge ordered to reinstate the civil case and render judgment on the merits.