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    16) G.R. No. 107320 A - PRIME SECURITY SERVICES, INC. v. NLRC

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    Adrian Kit
    (1) Othello Moreno worked as a security guard for Sugarland Security Services for a year and was then rehired by A' Prime Security Services, its sister company, and assigned to the same post at the US Embassy. (2) Moreno completed six months of probation with A' Prime on July 27, 1988, making him a regular employee, but he was dismissed on August 1, 1988. (3) The Court ruled that Moreno's dismissal was illegal because the infractions were first offenses not warranting dismissal, and he was not given a chance to contest his dismissal.

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    16) G.R. No. 107320 A - PRIME SECURITY SERVICES, INC. v. NLRC

    Uploaded by

    Adrian Kit
    150 views1 page
    (1) Othello Moreno worked as a security guard for Sugarland Security Services for a year and was then rehired by A' Prime Security Services, its sister company, and assigned to the same post at the US Embassy. (2) Moreno completed six months of probation with A' Prime on July 27, 1988, making him a regular employee, but he was dismissed on August 1, 1988. (3) The Court ruled that Moreno's dismissal was illegal because the infractions were first offenses not warranting dismissal, and he was not given a chance to contest his dismissal.

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    16) G.R. No. 107320 A_ PRIME SECURITY SERVICES, INC. v. NLRC.docx

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    (1) Othello Moreno worked as a security guard for Sugarland Security Services for a year and was then rehired by A' Prime Security Services, its sister company, and assigned to the same post at the US Embassy. (2) Moreno completed six months of probation with A' Prime on July 27, 1988, making him a regular employee, but he was dismissed on August 1, 1988. (3) The Court ruled that Moreno's dismissal was illegal because the infractions were first offenses not warranting dismissal, and he was not given a chance to contest his dismissal.

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    © All Rights Reserved
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    150 views1 page

    16) G.R. No. 107320 A - PRIME SECURITY SERVICES, INC. v. NLRC

    Uploaded by

    Adrian Kit
    (1) Othello Moreno worked as a security guard for Sugarland Security Services for a year and was then rehired by A' Prime Security Services, its sister company, and assigned to the same post at the US Embassy. (2) Moreno completed six months of probation with A' Prime on July 27, 1988, making him a regular employee, but he was dismissed on August 1, 1988. (3) The Court ruled that Moreno's dismissal was illegal because the infractions were first offenses not warranting dismissal, and he was not given a chance to contest his dismissal.

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    of 1

    16. A' PRIME SECURITY SERVICES, INC. v.

    NLRC In the petition under scrutiny, it is contended belatedly that A'


    G.R. No. 107320 | January 19, 2000 Prime and Sugarland are two separate and distinct juridical entities.
    However, aside from such a bare allegation, A Prime presented no
    FACTS: supporting evidence and the Court cannot, of course, act thereupon
     Othello C. Moreno (Respondent) worked as a security guard for a without any legal basis. So, A Prime and Sugarland will be considered as
    year with Sugarland Security Services, Inc. (sister company of A one juridical entity in this case.
    Prime Security). In relation to that, the Court cannot sanction the practice of some
     On January 30, 1988 – Moreno was rehired as a security guard by companies which, shortly after a worker has become a regular employee,
    A’ Prime Security Services, Inc. (Petitioner). effects the transfer of the same employee to another entity whose owners
    o He was assigned to the US Embassy, which was the same are the same, or identical, in order to deprive subject employee of the
    post as when he was under Sugarland benefits and protection he is entitled to under the law.
    o Here, he was forced to sign new probationary contracts for
    6 months (2) WON Moreno is a probationary employee or a regular employee:
     On August 1, 1998 – his employment under A Prime was The Court holds that Moreno became a regular employee upon
    terminated completion of his six-month period of probation. Moreno started working
     Moreno filed a complaint before the DOLE against A Prime for on January 30, 1988 and completed the said period of probation on July
    illegal dismissal, illegal deduction, and underpayment of wages 27, 1988. Thus, at the time Moreno was dismissed on August 1, 1988, he
     A PRIME terminated Moreno’s employment / did not make him a was already a regular employee with a security of tenure. He could only
    regular employee because: be dismissed for a just and authorized cause.
    o he was caught sleeping while on duty There is no basis for subjecting Moreno to a new probationary or
    o he quarreled with another security guard, which almost temporary employment on January 30, 1988, considering that he was
    led to a shootout already a regular employee when he was absorbed by A' Prime from
    o he did not pass the company standard in the psychological Sugarland, its sister company.
    test he was given
     LA: ruled for Moreno; Moreno was illegally dismissed (3) WON Moreno was illegally dismissed:
     NLRC: affirmed LA’s ruling YES. Moreno was illegally dismissed. As the infractions of Sections
    VIII and IX of Circular No. 1 (rules of A Prime) by Moreno were first
    ISSUE/HELD: offenses, they were not punishable by dismissal. They were not valid
    (1) WON Moreno’s employment with A Prime is a continuation of his grounds for terminating the employment of private respondent. What is
    employment with Sugarland, its sister company: more, as found by the NLRC, Moreno was not given a chance to contest
    YES. records show that the allegations of the Moreno that his dismissal. He was deprived of an opportunity to be heard. Premises
    Sugarland is a sister company of A' Prime, and that the latter absorbed the studiedly viewed in correct perspective, the Court is of the irresistible
    security contracts and security guards of Sugarland with the U.S. Embassy finding and conclusion that the dismissal of Moreno, a regular employee,
    were neither denied nor controverted by the A Prime before the LA. was sans any just, legal and valid basis.
    Under Sec. 1, Rule 9 of the Rules of Court, in relation to Sec. 3, Rule 1 of
    the Rules of the NLRC, material averments in the Complaint are deemed WHEREFORE, the petition is DISMISSED; and the Decision, dated April 20,
    admitted when not specifically denied. 1992, and Resolution, dated June 25, 1992, of the NLRC in NLRC NCR Case No.
    00-02-01038-89, AFFIRMED. No pronouncement as to costs.

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