Philippine Telegraph and Telephone Company vs.

National Labor Relations Commission and Grace De Guzman

FACTS:
PT&T (Philippine Telegraph & Telephone Company) initially hired Grace de Guzman specifically
as “Supernumerary Project Worker”, for a fixed period from November 21, 1990 until April 20, 1991 as
reliever for C.F. Tenorio who went on maternity leave. She was again invited for employment as
replacement of Erlina F. Dizon who went on leave on 2 periods, from June 10, 1991 to July 1, 1991 and
July 19, 1991 to August 8, 1991.
On September 2, 1991, de Guzman was again asked to join PT&T as a probationary employee
where probationary period will cover 150 days. She indicated in the portion of the job application form
under civil status that she was single although she had contracted marriage a few months earlier. When
petitioner learned later about the marriage, its branch supervisor, Delia M. Oficial, sent de Guzman a
memorandum requiring her to explain the discrepancy. Included in the memorandum, was a reminder
about the company’s policy of not accepting married women for employment. She was dismissed from
the company effective January 29, 1992. Labor Arbiter handed down decision on November 23, 1993
declaring that petitioner illegally dismissed De Guzman, who had already gained the status of a regular
employee. Furthermore, it was apparent that she had been discriminated on account of her having
contracted marriage in violation of company policies.

ISSUE:
Whether or not the alleged concealment of civil status can be a ground to terminate the services
of an employee.

HELD:
No.
Article 136 of the Labor Code, one of the protective laws for women, explicitly prohibits
discrimination merely by reason of marriage of a female employee. It is recognized that company is free
to regulate manpower and employment from hiring to firing, according to their discretion and best
business judgment, except in those cases of unlawful discrimination or those provided by law.
PT&T’s policy of not accepting or disqualifying from work any woman worker who contracts marriage is
afoul of the right against discrimination provided to all women workers by our labor laws and by our
Constitution. The record discloses clearly that de Guzman’s ties with PT&T were dissolved principally
because of the company’s policy that married women are not qualified for employment in the company,
and not merely because of her supposed acts of dishonesty.
The government abhors any stipulation or policy in the nature adopted by PT&T. As stated in
the labor code:
“ART. 136. Stipulation against marriage. — It shall be unlawful for an employer to require as a
condition of employment or continuation of employment that a woman shall not get married, or to
stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or
separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee
merely by reason of marriage.”
 The policy of PT&T is in derogation of the provisions stated in Art.136 of the Labor Code on the
right of a woman to be free from any kind of stipulation against marriage in connection with her
employment and it likewise is contrary to good morals and public policy, depriving a woman of her
freedom to choose her status, a privilege that is inherent in an individual as an intangible and inalienable
right. The kind of policy followed by PT&T strikes at the very essence, ideals and purpose of marriage as
an inviolable social institution and ultimately, family as the foundation of the nation. Such policy must
be prohibited in all its indirect, disguised or dissembled forms as discriminatory conduct derogatory of
the laws of the land not only for order but also imperatively required.