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Primero vs. Intermediate Appellate Court, et al.

ALFREDO F. PRIMERO, petitioner, vs. INTERMEDIATE APPELLATE COURT and DM TRANSIT, respondents.

G.R. No. 72644 | 1987-12-14

 
D E C I S I O N

NARVASA, J.:

The question on which the petitioner's success in the instant appeal depends, and to which he would have us give an affirmative answer, is whether or not, having recovered separation pay by judgment of the Labor Arbiter ---- which held that he had been fired by respondent DM Transit Corporation without just cause ---- he may subsequently recover moral damages by action in a regular court, upon the theory that the manner of his dismissal from employment was tortious and therefore his cause of action was intrinsically civil in nature.

Petitioner Primero was discharged from his employment as bus driver of...