Dear PAO,

My previous employer terminated my employment after our annual physical examination. In the termination notice, it was stated that the company had decided to end my employment because I was medically unfit to perform my assigned duties. They attached a medical certificate, signed by the company physician, stating that I am suffering from “systemic hypertension.” Was the termination of my employment lawful?

Isko

Dear Isko,

Your termination may not be considered lawful. Although Article 299 of the Labor Code of the Philippines categorizes “termination due to disease” as an authorized cause for dismissal, the Supreme Court elucidated the requisites for its valid exercise in Deoferio vs. Intel Technology, et al., G.R. No. 202996, June 18, 2014, Ponente: Associate Justice Arturo D. Brion, to wit:

“The present case involves termination due to disease – an authorized cause for dismissal under Article [299] of the Labor Code. As substantive requirements, the Labor Code and its IRR require the presence of the following elements:

“(1) An employee has been found to be suffering from any disease.

“(2) His continued employment is prohibited by law or prejudicial to his health, as well as to the health of his co-employees.

“(3) A competent public health authority certifies that the disease is of such nature or at such a stage that it cannot be cured within a period of six months even with proper medical treatment.”

In your case, aside from the fact that “systemic hypertension” is merely a symptom and not a disease per se, it appears that your previous employer has failed to produce a certificate, duly issued by a competent public health authority, certifying that you are suffering from a disease that is not curable within a period of six months even with proper medical treatment. Furthermore, your employer has failed to produce any evidence that your continued employment is prohibited by law, or prejudicial to your health, as well as to the health of your co-employees. The certification issued by the company physician, stating that you are experiencing systemic hypertension, barely satisfies the requirement of the law.

Additionally, in Wuerth Philippines, Inc. vs. Ynson, G.R No. 175932, February 15, 2012, Ponente: Associate Justice Diosdado M. Peralta, the Supreme Court emphasized the importance of such medical certificate before terminating an employee due to disease, to wit:

“The requirement for a medical certificate under Article [299] of the Labor Code cannot be dispensed with; otherwise, it would sanction the unilateral and arbitrary determination by the employer of the gravity or extent of the employee’s illness, and, thus, defeat the public policy on the protection of labor.”

Thus, absent any certification issued by a competent public health authority declaring that you are suffering from a disease that is incurable within a period of six months, and proof that continuing your employment is either prohibited by law or prejudicial to your health or the health of your co-workers, your termination from employment due to medical unfitness cannot be considered as an authorized cause for dismissal.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].