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Cosmos Bottling Corp. vs. Nlrc, et al.

COSMOS BOTTLING CORPORATION, petitioner vs. NATIONAL LABOR RELATIONS COMMISSION, NATIONAL FEDERATION OF LABOR UNION and PEPITO M. DE LA CRUZ, respondents.

G.R. No. 111155 | 1997-10-23

D E C I S I O N

MENDOZA, J:

Petitioner, Cosmos Bottling Corporation, is a softdrink manufacturer. In February 1982, it employed private respondent Pepito M. de la Cruz as a driver/salesman, paying him P100.00 a day plus commission based on his sales. De la Cruz was assigned to cover the Morning Breeze area in Caloocan City.

On August 3, 1989, De la Cruz was dismissed by the company for serious misconduct and loss of trust and confidence. It appears that as part of its promotional and marketing strategy, Cosmos Bottling offered customers, who purchased a specified minimum number of softdrink, so-called "trade deals" consisting of free...