Philippine Daily Inquirer, Inc. v. Magtibay (2007)

Philippine Daily Inquirer, Inc. v. Magtibay, G.R. No. 164532, July 24, 2007, Garcia, J.:

1. Background

• [The Company is engaged in the publication of news.]

• [The Complainant was engaged as a regular phone operator.]

• On February 7, 1995, PDI hired Magtibay, on contractual basis, to assist, for a period of five months from February 17, 1995, the regular phone operator. Before the expiration of Magtibay’s contractual employment, he and PDI agreed to a fifteen-day contract extension, or from July 17, 1995 up to July 31, 1995, under the same conditions as the existing contract.

• After the expiration of Magtibay’s contractual employment, as extended, PDI announced the creation and availability of a new position for a second telephone operator who would undergo probationary employment. Apparently, it was PDI’s policy to accord regular employees preference for new vacancies in the company. Thus, Ms. Regina M. Layague, a PDI employee and member of respondent PDI Employees Union (PDIEU), filed her application for the new position. However, she later withdrew her application, paving the way for outsiders or non-PDI employees, like Magtibay in this case, to apply.

• After the usual interview for the second telephone operator slot, PDI chose to hire Magtibay on a probationary basis for a period of six (6) months. The signing of a written contract of employment followed.

• On March 13, 1996, or a week before the end the agreed 6-month probationary period, PDI of...

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