Fleischer v. Pamplona Plantation Company

BARREDO, J.:

This is an appeal from the order of the Court of First Instance of Negros Oriental in its Civil Case No. 4296, dismissing the case, on motion to dismiss of defendant-appellee on the ground that the court had no jurisdiction over the subject-matter of the action. In their verified complaint verified with the court a quo on July 13, 1964, plaintiffs-appellants, the spouses George W. Fleischer and Paz Lalk sought to recover the value of accrued vacation and sick leaves, vacation allowance and actual, moral and exemplary damages, along with attorney's fees, from the husband's former employer, defendant-appellee Pamplona Plantation Company, Inc. They alleged in their pleading, inter alia , the following: 2. That sometime in the early part of 1955, the defendant employed plaintiff George W. Fleischer as Manager of its vast coconut plantation at Pamplona, Negros Oriental, Philippines, with a monthly salary of P1,000.00 and other privileges; 3.

That immediately thereafter, plaintiff George Fleischer rendered continuous and efficient service as such Manager until February 28, 1963, when, on said date, the defendant, without any justifiable reason whatsoever, illegally dismissed plaintiff George W. Fleischer as such Manager as well as a member of the Board of Directors; 4. That at the time he was illegally dismissed, plaintiff George W. Fleischer was already entitled legally from but was unlawfully deprived by the defendant, of the following privileges or benefits: Four (4) months accrued vacation leave with pay ............. P4,000.00 Four (4) months accrued sick leave with pay ....................

P4,000.00 Half (½) of value of vacation allowance for First Class Transportation for him and his wife to and from the West Coast, U.S.A. ............................................................................. P5,000.00