Jon De Ysasi III v.
NLRC and Jon De Ysasi The Supreme Court, in making its decision, noted that the
Facts:
Jon de Ysasi employed his son, Jon De Ysasi III as
farm administrator of Hacienda Manucao in Hinigaran,
Negros Occidental. As farm administrator, he was
responsible for the supervision of everyday activities and
operations of the farm.
In November, where he started to not report to work
because of some health issues, he was confined and while
he’s nursing from his infections, he was terminated by his
father Jon De Ysasi without due process. De Ysasi III filed
against his father for illegal dismissal before the National
Labor Relations Commission. His father invoked that his son
actually abandoned his work.
Issue:
Whether or not Jon De Ysasi III abandoned his work?
HELD:
No. His absence from work does not constitute
abandonment. To constitute abandonment, there must be
a.) failure to report for work or absence without valid
or justifiable reason, and
b.) a clear intention to sever the employer-employee
relationship, with the second element as the more
determinative factor and being manifested by some overt
acts. No such intent was proven in this case.
lawyers for both camps failed to exert all reasonable efforts
to smooth over legal conflicts, preferably out of court and
especially in consideration of the direct and immediate
consanguineous ties between their clients especially
considering that the parties involved are father and son. This
case may have never reached the courts had there been an
earnest effort by the lawyers to have both parties find an off
court settlement but records show that no such effort was
made. The useful function of a lawyer is not only to conduct
litigation but to avoid it whenever possible by advising
settlement or withholding suit.
Rule 1.04 of the Code of Professional Responsibility
explicitly provides that “(a) lawyer shall encourage his
client to avoid, end or settle the controversy if it will
admit of a fair settlement.”
Both counsel fell short of what was expected of them, despite
their avowed duties as officers of the court. In the same
manner, the labor arbiter who handled this regrettable case
has been less than faithful to the letter and spirit of the Labor
Code mandating that a labor arbiter “shall exert all efforts
towards the amicable settlement of a labor dispute within his
jurisdiction”. The court is saddened by the thought that it
contributed to breaking instead of strengthening the familial
bonds.