ROBINSONS GALLERIA v RANCHEZ
GR No. 177937 | January 19, 2011 ISSUE:
Justice Nachura
Freya Patron | Group 7
PETITONERS: Robinsons Galle ria/Robinsons Supe rmarket
Corporation and/or Jess Manue l
RESPONDENT: Irene Ranche z
TOPIC:(as state d in the syllabus)
 Probationary Employees – De finition/Purpose
CASE SUMMARY: Ire ne was a probationary employee
(cashier) of Robinsons Galle ria for 5 months. An incide nt on
loss of money from the company locke r was re porte d and
owne d up to by Ire ne, but this prompte d the ope rations
manage r to file a Qualifie d The ft case against her, causing her
to be put in jail for 2 wee ks. Even be fore she was se nt a le tter
by Robinsons that her e mployment was te rminate d, she had
file d an ille gal dismissal case. The Court he ld that she was
constructive ly dismisse d and eve n as a probationary
employee , she was e ntitle d to se paration pay and backwages
re ckone d from the time of he r constructive dismissal until date
of te rmination of employme nt.
FACTS:
 Ire ne was a probationary e mployee of Robinsons
Galle ria for 5 months.
 2 we e ks afte r hiring, she re porte d to he r supe rvisor
the loss of cash amounting to P20,299 which she had
place d inside the company locke r.
o Ope rations Mgr orde re d that Ire ne be strip-
searche d by company guards but that
yie lde d nothing.
 Ire ne acknowle dge d he r responsibility and reque ste d
that she be allowe d to se ttle and pay the lost amount.
But Manue l did not hee d he r request and re porte d the
matte r to the police . She also re queste d QC
Prosecutor’s Office for an inquest.
 Information for Qualifie d The ft was file d with the QC
RTC and Ire ne spe nt 2 wee ks in jail.
 Ire ne file d for ille gal dismissal and damages.
Robinsons sent via mail a notice of te rmination and/or
notice of e xpiration of probationary employme nt.
 LA – dismisse d complaint because whe n she file d the
complaint, she was not ye t dismisse d by Robinsons.
The strip search was an investigation only.
 NLRC – re verse d LA. Ire ne was de nie d due process.
Strip searching and sending he r to jail for 2 wee ks =
constructive dismissal.
 CA – affirme d LA.
 WON Ire ne was ille gally te rminate d. (YES)
RULING: (Doctrine in bold le tters)
 There is probationary employment when the
employee upon his engagement is made to undergo
a trial per iod during which the employer determines
his fitness to qualify for regular employment based
on reasonable standards made kno wn to him at the
time of the engagement.
 The se rvices of an e mployee who has been e ngage d
on probationary basis may be terminate d for any of
the ff. – Authorize d cause, just case & whe n he fails to
qualify as a regular e mployee in accordance with
reasonable standards prescribe d by employer
(additional re quire ment for probationary employees)
 Robinsons faile d to accord Irene substantive and
proce dural due process.
o The haphazard manner in inve stigation of
the missing cash, which was le ft to the
de termination of the police authoritie s and
Prosecutor’s Office , le ft Irene with no choice
but to cry foul.
o Admin inve stigation was not conducte d.
o On the same day the missing money was
re porte d, Robinsons already pre -judge d her
guilt without prope r investigation, and
instantly re porte d he r to the police as the
suspe cte d thie f, which resulte d in her
languishing in jail for 2 wee ks.
 She was constructive ly dismisse d.
o As probationary employee , she was e ntitle d
to se paration pay and backwages reckone d
from the time of her constructive dismissal
until date of termination of employment.
 In all cases involving e mployees e ngage d on
probationary basis, employe r shall make known to its
employees the standards unde r which the y will
qualify as re gular e mployees at the time of the ir
e ngageme nt. Without these, he shall be deeme d
re gular.
 Ho we ve r, rules on probationary employment should
not be use d to e xculpate a probationary e mployee
who acts in a manner contrary to basic knowle dge
and common sense , in regard to which the re is no
nee d to spe ll out a policy/standard to be met.
DISPOSITIVE: WHEREFORE, the pe tition is DENIED.