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Polymart Paper Industries Vs. NLRC, Et. Al

POLYMART PAPER INDUSTRIES, INC. and CAYETANO TAGLE, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, RICARDO ADVINCULA, LAURENCE MEREN, GERARDO ALCARAZ, NORBERTO DIAVARRA, NELSON MALANA, DANILO PAPA, RICARDO BULAWAN and ALBERTO LOSALA, respondents.

G.R. No. 118973 | 1998-08-12

D E C I S I O N

MARTINEZ, J:

Retrenchment is a management prerogative, a means to protect and preserve the employer's viability and ensure his survival. 1 It is one of the economic grounds to dismiss an employee resorted to by an employer primarily to avoid or minimize business losses. 2 In this regard, the employer bears the burden to prove his allegation of economic or business reverses, 3 otherwise, it necessarily means that the dismissal of an employee was not justified. 4

We apply this precept in the present case where herein private respondents, 5 employees of petitioner Polymart Paper Industries, Inc. (Polymart), were dismissed...