Imasen Philippine Manufacturing Corporation v. Alcon (2014)

Imasen Philippine Manufacturing Corporation v. Alcon, G.R. No. 194884, October 22, 2014, Brion, J.:

1. Background

• [The employer] Imasen Philippine Manufacturing Corporation is a domestic corporation engaged in the manufacture of auto seat-recliners and slide-adjusters. It hired the [the employees] as manual welders in 2001.

• On October 5, 2002, the [the employees] reported for work on the second shift – from 8:00 pm to 5:00 am of the following day. At around 12:40 am, Cyrus A. Altiche, Imasen’s security guard on duty, went to patrol and inspect the production plant’s premises. When Altiche reached Imasen’s Press Area, he heard the sound of a running industrial fan. Intending to turn the fan off, he followed the sound that led him to the plant’s “Tool and Die” section.

• At the “Tool and Die” section, Altiche saw the [the employees] having sexual intercourse on the floor, using a piece of carton as mattress. Altiche immediately went back to the guard house and relayed what he saw to Danilo S. Ogana, another security guard on duty.

• On Altiche’s request, Ogana madea follow-up inspection. Ogana went to the “Tool and Die” section and saw several employees, including the [the employees], already leaving the area. He noticed, however, that Alcon picked up the carton that Altiche claimed the [the employees] used as mattress during their sexual act, and returned it to the place where the cartons were kept. Altiche then submitted a handwritten report of the inciden...

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