Back

Elizalde International (Philippines) Inc. vs. Court of Appeals and Galan

ELIZALDE INTERNATIONAL (PHILIPPINES) INC. and WILLIAM F. DALAND, JR., petitioners, vs. HONORABLE COURT OF APPEALS and CELESTINO GALAN (Deceased), substituted by his widow, FELICISIMA GALAN and his surviving legitimate children, namely: EDUARDO GALAN, MARILOU GALAN ECHARRE, CYNTHIA GALAN, MARILYN GALAN del GALLEGO, LYDIA GALAN OSME?A, and CRADGET GALAN, respondents.

G.R. No. L-40553 | 1981-02-26

D E C I S I O N

MELENCIO-HERRERA, J.:

The pivotal issue raised in the present Petition for Review on Certiorari is the validity, under the Termination Pay Law (Rep. Act No. 1052 as amended by Rep. Act No. 1787), of the dismissal of Celestino Galan as Sales Representative of petitioner Corporation.

In March 1955, Celestino Galan was employed by Elizalde & Co., Inc. (simply called Corporation) as Sales Representative on a basic monthly salary of P210.00 plus sales commission of 2% for all sales production, which as later modified, became 1% for the first P125,000.00 worth of production sales and 2% for the balance, with vacation and sick...