Radin C. Alcira versus NLRC, Middeby Philippines Corporation
G.R. No. 149859, June 9, 2004,
Facts:
Petitioner Radin C. Alcira was hired by respondent Middleby as engineering support services supervisor on a probationary period for six months. Despite the indication of probationary period in the appointment paper, the dates indicated in the copies in the possession of the petitioner and the respondent, were different, May 20, 1996 and May 27, 1996, respectively. On November 20, 1996, unhappy with petitioner’s performance, respondent Middeby terminated the former’s services. But according to the petitioner he is already a regular employee effective November 16, 1996, using Article 13 of the Civil Code that one month is composed of 30 days, six months total 180 days. Hence, using May 20, 1996 as the reference point, it was already considered a dismissal since it was made after the lapse of his probationary employment.
Issue:
Whether or not the termination occurred before or after the six-month period of employment
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