Republic of the PhilippinesSOUTHERN LEYTE STATE UNIVERSITY

Sogod, Southern LeytePhilippines

LABOR AND MANAGEMENT DISPUTES AT SAN MIGUEL CORPORATION: ITS RESOLUTIONS AND THE IMPLICATION

IN THE BUSINESS OPERATION

A Final Paper presented toThe Faculty of the Graduate Studies

Southern Leyte State University

In partial fulfilment of the course MM 505 : Management and the Law

Summer 2015

RIZA MAE B. FORTUNAMaster in Management Student

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TABLE OF CONTENT

Cover Page Page 1

Table of Content Page 2

I. Introduction Page 3 A. ObjectivesB. Company Profile, Mission & Vision Page 4

II. Antecedent facts of the case Page 6

III. Resolutions, Findings and Decision of the Labor - Page 7Management Problem

IV. Recommendation and Observation Page 8

V. Appendices Page 9

Whole Case citation Page 9

Nature of the Company Page 16

References Page 17

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I. NAME OF COMPANY AND ITS PROFILE

INTRODUCTION

Corporation is defined as the most common business organization which is formed by

a group of people. It has rights and liabilities separate from those of the individuals involved.

It may be a non-profit organization engaged in activities for the public good; a municipal

corporation, such as a city or town; or a private corporation, which is organized to make a

profit.

In the eyes of the law, a corporation has many of the same rights and responsibilities

as a person. It may buy, sell, and own property; enter into leases and contracts; and bring

lawsuits. It pays taxes. It can be prosecuted and punished (often with fines) if it violates the

law. The chief advantages are that it can exist indefinitely, beyond the lifetime of any one

member or founder, and that it offers its owners the protection of limited personal liability

A. Objectives

San Miguel Corporation is one of the Philippines’ most diversified conglomerates,

generating about 6.5% of the country’s gross domestic product. It operates in the manufacture

and sales through its highly integrated operations in beverages, food, packaging, fuel and oil,

power, mining and infrastructure and telecommunications.

San Miguel Corporations' fundamental and historical philosophy is "Profit with

Honor" and has the following objectives:

(a) To be constantly aware of the aspirations of the people and of the nation, and to

ensure that San Miguel continues to make a major contribution towards the

achievement of these aspirations.

(b) To manufacture, distribute and sell throughout the Philippines food products,

beverages, packaging products and animal feeds, being ready at all times to add,

modify or discontinue products in accordance with changes in the market.

(c) To diversify into fields which will ensure optimum utilization of management

resources and a substantial contribution to corporate profits?

(d) To seek and develop export markets for new products as well as for those already

being produced by the Corporation.

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(e) To generate a return on funds employed sufficient to ensure an adequate rate of

growth for the Corporation, and to provide satisfactory returns to stockholders.

(f) To provide an environment which is conducive to the development of the individual

and which encourages employees to realize their full capabilities.

(g) To adopt a flexible and objective attitude towards change and to pursue an active

policy of innovation.

B. Name of the corporation, Its Vision and Mission and its current profile

Named as Southeast Asia’s oldest and largest brewer, San Miguel Corporation is

registered under Securities and Exchange Commission (SEC) No. PW00000277 and under

BIR Tax Identification No. 000-060-741-000 with its corporate head office is at San Miguel

Avenue, Mandaluyong City, Philippines

San Miguel Corporation (San Miguel) is the Philippines’ largest beverage, food and

packaging company and it is one of the most profitable companies. It started in 1890 when

Don Enrique Ma Barretto de Ycaza establishes a brewery in Manila called La Fabrica de

Cerveza de San Miguel. Within the span of a generation, San Miguel Beer would become an

icon among beer drinkers.

By the year 1913, the brewery is incorporated and by 1914, San Miguel Beer was

being exported from its headquarters in Manila to Shanghai, Hong Kong and Guam. A

pioneer in Asia, San Miguel established a brewery in Hong Kong in 1948, the first local

brewer in the crown colony. But it was only in 1963 that the Company shortens its name to

San Miguel Corporation.

San Miguel Beer–the Company’s flagship product–is one of the largest selling beers

and among the top 10 beer brands in the world. While brewing beer is the company’s

heritage, San Miguel subsequently branched out into the food and packaging businesses.

From the original cerveza that first rolled off the bottling line, San Miguel

Corporation has since diversified to produce a wide range of popular beverage, food and

packaging products which have–for over a century–catered to generations of consumers’ ever

changing tastes.

Today, the company has over 100 facilities in the Philippines, Southeast Asia, and

China. One of the country’s premier business conglomerates, San Miguel’s extensive product

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portfolio includes over 400 products ranging from beer, hard liquor, juices, basic and

processed meats, poultry, dairy products, condiments, coffee, flour, animal feeds and various

packaging products. For generations, the Company has generated strong consumer loyalty

through brands that are among the most formidable in the Philippine food and beverage

industry – San Miguel Pale Pilsen, Ginebra, Monterey, Magnolia, and Purefoods. Flagship

product, San Miguel Beer, holds an over 95% share of the Philippine beer market.

In addition to its leadership in the Philippine food and beverage industry, San Miguel

has established a significant presence overseas. The Company’s operations extend beyond its

home base of the Philippines to China (including Hong Kong), Vietnam, Indonesia, Malaysia,

Thailand and Australia. Through strategic partnerships it has forged with major international

companies, San Miguel has gained access to managerial expertise, international practices and

advanced technology, thereby enhancing its performance and establishing itself as a world-

class company. San Miguel’s partners are world leaders in their respective businesses. Kirin

Brewery Co., Ltd. is a major shareholder of San Miguel Brewery. The Company also has

successful joint venture relationships with US-based Hormel Foods Corporation, Nihon

Yamamura Glass and QTel, a telecommunications company in Qatar.

In the Philippines, San Miguel’s corporate strategy is at aimed capitalizing on new

growth markets through acquisitions and further enhancing its competitive position by

improving synergies across existing operational lines. The company has significantly

expanded its participation in both its core businesses of food, beverage and packaging, as

well as heavy industries including power and other utilities, mining, energy, tollways and

airports.

San Miguel Corporation's vision is that SMC will be among the largest food, beverage

and packaging companies in the Asia-Pacific. With their mission, SMC is committed to bring

quality products and "Making everyday life a celebration." It targets to carry into new

markets its over-century-old tradition of quality and integrity. It target that customer will take

pleasure in reaching for their products and services because they are the best value for

money. SMC will be in every household and every retail outlet. "We will meet our

consumers’ everyday needs, delighting their every taste. Through SMC's products and

services, every occasion to drink and eat will bring enjoyment — a celebration".

San Miguel’s goal is to help people enjoy and make progress in their lives through the

many products and services that the company offers. "We want to give every customer and

consumer we touch access to the best we can offer—whether in terms of quality, or

affordability or choice".

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San Miguel Corporation's strategy for achieving these goals has five major elements

which are common to both our traditional and new businesses: (1) enhance value of their

established businesses, (2) continue to diversify into industries that underpin the development

and growth of the Philippine economy, (3) identify and pursue synergies across businesses

through vertical integration, platform matching and channel management, Invest in and

develop businesses with market leading positions and (4) Adopt world-leading practices and

joint development of businesses.

All throughout, SMC is a values-oriented company. From its humble beginning until

now, values such as (1) passion for success, (2) respect for our people, (3)teamwork, (4)

customer focus, (4) innovativeness, (5) social responsibility, (6) integrity and (7) social

responsibility are still being maintain and being practice in the entire company.

SMC is subdivided into four important committees namely: Executive Committee

chaired by Eduaardo M. Conjuangco, Jr., Audit Committee chaired by Margarito B. Teves,

Executive Compensation Committee chaired by Menardo R. Jimenez and Nomination &

Hearing Committee chaired by Estelito P. Mendoza.

As of the first quarter of 2015, SMC's has consolidated net income of PHP 6

billion, slightly better than year-ago level, despite the inventory losses of PHP 3 billion

incurred by its Petron Corporation following a significant decline in global oil prices.

The company managed to deliver a 6% growth in operating income to PHP 16.6 billion.

Consolidated EBITDA rose 4% to PHP 22.4 billion. Income from operations was PHP

16.6 billion against PHP 15.6 billion a year ago. Net sales were PHP 159.2 billion against

PHP 194.9 billion a year ago.

II. ANTECEDENT FACTS OF THE CASE

Mr. Bonifacio Asurfin, the petitioner of the case formerly worked in San Miguel

Corporation refferred as respondents as utility/miscellaneous worker in February 1972. On

November 1, 1973, he became a regular employee paid on daily basis as a Forklift Operator.

On November 16, 1981, he became a monthly paid employee promoted as Stock Clerk.

Because the company undergone reorganization, his position was abolished and he

was later on assigned as warehouse checker at the Sum-ag Sales office, Su-ag, Bacolod 1984.

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On April 1, 1996, respondent SMC implemented a new marketing system known as

the "pre-selling scheme" at the Sum-ag Beer Sales Office. As a consequence, all positions of

route sales and warehouse personnel were declared redundant.

The petitioner filed a complaint for illegal dismissal against the respondent after it

fails to include him among the employees who signify their willingness to be absorbed by the

company after its announcement for retrenchment of their workers on ground of redundancy.

Apparently, respondent gave their employees the choice to opt to avail of the early retirement

package they offer or for re-deployment to its other sales offices. The petitioner chose to be

absorbed but was included in the list among those who want to avail of the retirement

package. Despite his manifestation of his willingness to be demoted to any position as long as

the company retain him for employment he was still dismissed from work. The labor arbiter

dismissed his complaint due to lack of merit and on appeal the decision was set aside by the

NLRC which ordered respondent to reinstate petitioner with payment of backwages. The

respondent appealed to the CA which reversed the decision of the NLRC and reinstated the

judgment of the labor arbiter. Thus, this petition before the SC.

III. RESOLUTIONS, FINDINGS AND DECISION OF THE LABOR - MANANGEMENT PROBLEM

The petitioner won on his case. It was proven that there was is an illegal dismissal of

the petitioner from employment. The court held that based from Dole Philippines, Inc. v.

NLRC, citing the leading case of Wiltshire File Co., Inc. v. NLRC, the nature of redundancy

is an authorized cause for dismissal wherein there is duplication of work of employees. It is

upon the judgment of the employer to determine whether an employee’s services are

sustainable and properly terminable. However, the employer should declare redundancy with

a just cause and in good faith. The court noted that the respondent was adamant from the

request of the petitioner to be retained despite his willingness to be demoted in position while

the same request of other employees was granted. The warehouse which respondent claims to

close remains to be in operation. The respondent also did not establish criteria in dismissing

the petitioner and the court gave weight to the petitioner’s predicament that his dismissal may

be related to his expose on some irregularities of transaction involving their manager. The

court upholds the right of every worker for security of tenure thus due to failure of the

respondent to give justifiable cause for dismissing petitioner, the decision of the Court of

Appeals was set aside and reinstated the decision of the NLRC, ordering reinstatement of the

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petitioner with full backwages and respondent is likewise ordered to pay petitioner the sum

equivalent to ten percent (10%) of his total monetary award as attorney’s fees

IV. RECOMMENDATION AND OBSERVATION

Management has a wide latitude to conduct its own affairs in accordance with the necessities

of its business.  This so-called management prerogative, however, should be exercised in accordance

with justice and fair play. 

In case of illegal practice of such, complains should be filed in the right office. In this

decided case, I do believed that justice was rightly served. As what our Labor Law have, an

illegally dismissed employee can claim for reinstatement, full backwages, damages, other

benefits which rightfully belongs to him and attorney’s fee and these claims should be stated

in a complaint filed with the concerned tribunal.

As in the part of SMC, they should have listened and put into considerations of what

petitioner had said. In the first place, we can conclude that SMC is bias on the matter of

termination of its employee. There should be a legal basis for the termination of such

employment and the same must be done in a lawful manner. There should be valid criteria in

terminating employees which not limited to less preferred status, efficiency; and seniority.

SMC or any other company should be fair to every employee. Company should make it

clearly to the employees the true nature of their termination explaining to them the grounds

for termination.

           Best practices for termination procedures should be set with certain factors in mind,

such as selecting a day for terminations ensuring no discrimination laws or labor contracts are

violated.

Legal considerations are not the only elements involved in employee termination.

Common HR termination etiquette includes terminating an employee both verbally and in

writing, giving the employee a chance to appeal the termination or accept a severance

package. Additional considerations include what effects (if any) termination will have on

remaining employees, such as their morale and productivity. HR must also determine if the

position will be eliminated or refilled and whether the termination places a burden on

remaining employees and their workload.

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V. APPENDICES

A. The Whole Case Citation

Republic of the Philippines

SUPREME COURT

Manila

FIRST DIVISION

G.R. No. 156658 March 10, 2004

BONIFACIO ASUFRIN, JR., petitioner, 

vs.

SAN MIGUEL CORPORATION and the COURT OF APPEALS, respondents.

D E C I S I O N

YNARES-SANTIAGO, J.:

Coca Cola Plant, then a department of respondent San Miguel Beer Corporation (SMC), hired

petitioner as a utility/miscellaneous worker in February 1972. On November 1, 1973, he

became a regular employee paid on daily basis as a Forklift Operator. On November 16,

1981, he became a monthly paid employee promoted as Stock Clerk.

Sometime in 1984, the sales office and operations at the Sum-ag, Bacolod City Sales Office

were reorganized. Several positions were abolished including petitioner’s position as Stock

Clerk. After reviewing petitioner’s qualifications, he was designated warehouse checker at

the Sum-ag Sales Office.

On April 1, 1996, respondent SMC implemented a new marketing system known as the "pre-

selling scheme" at the Sum-ag Beer Sales Office. As a consequence, all positions of route

sales and warehouse personnel were declared redundant. Respondent notified the DOLE

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Director of Region VI that 22 personnel of the Sales Department of the Negros Operations

Center1 would be retired effective March 31, 1995.

Respondent SMC thereafter wrote a letter2 to petitioner informing him that, owing to the

implementation of the "pre-selling operations" scheme, all positions of route and warehouse

personnel will be declared redundant and the Sum-ag Sales Office will be closed effective

April 30, 1996. Thus, from April 1, 1996 to May 15, 1996, petitioner reported to respondent’s

Personnel Department at the Sta. Fe Brewery, pursuant to a previous directive.

Thereafter, the employees of Sum-ag sales force were informed that they can avail of

respondent’s early retirement package pursuant to the retrenchment program, while those

who will not avail of early retirement would be redeployed or absorbed at the Brewery or

other sales offices. Petitioner opted to remain and manifested to Acting Personnel Manager

Salvador Abadesco his willingness to be assigned to any job, considering that he had three

children in college.3

Petitioner was surprised when he was informed by the Acting Personnel Manager that his

name was included in the list of employees who availed of the early retirement package.

Petitioner’s request that he be given an assignment in the company was ignored by the Acting

Personnel Manager.

Petitioner thus filed a complaint for illegal dismissal with the NLRC, docketed as RAB Case

No. 06-06-10233-96. On December 27, 1996, the Labor Arbiter dismissed the complaint for

lack of merit. Petitioner appealed to the National Labor Relations Commission (NLRC)

which set aside the Labor Arbiter’s decision and ordered respondent SMC to reinstate

petitioner to his former or equivalent position with full backwages.4

Respondent filed a petition with the Court of Appeals which reversed the decision of the

NLRC and reinstated the judgment of the Labor Arbiter dismissing the complaint for illegal

dismissal. Petitioner’s motion for reconsideration5 was denied in a Resolution dated

December 11, 2002.6

Hence, this petition for review assigning the following errors:

1. THE HONORABLE PUBLIC RESPONDENT COURT OF APPEALS, WITH DUE

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RESPECT, COMMITTED GRAVE ABUSE OF DISCRETION IN HOLDING THAT

PETITIONER WAS "NOT SINGLED-OUT FOR TERMINATION, AS MANY OTHERS

WERE ALSO ADVERSELY AFFECTED."

2. THE HONORABLE PUBLIC RESPONDENT COURT OF APPEALS COMMITTED

GROSS MISAPPREHENSION OF FACT WHEN IT AFFIRMED THE FINDING OF THE

LABOR ARBITER THAT THE POSITION OF PETITIONER BECAME REDUNDANT

AT THE SUM-AG SALES OFFICES.

3. THE HONORABLE PUBLIC RESPONDENT COURT OF APPEALS COMMITTED

GRAVE ABUSE OF DISCRETION WHEN IT HELD THAT THE DISMISSAL OF

PETITIONER WAS VALID.

4. THE HONORABLE PUBLIC RESPONDENT COURT OF APPEALS ERRED IN

DISMISSING THE ENTIRE RELIEFS PRAYED FOR BY THE PETITIONER.

The primordial issue to be resolved is whether or not the dismissal of petitioner is based on a

just and authorized cause.

Factual findings of administrative bodies, being considered experts in their fields, are binding

on this Court. However, this is a general rule which holds true only when established

exceptions do not obtain. One of these exceptive circumstances is when the findings of the

Labor Arbiter and the NLRC are conflicting. Considering that the ruling of the Labor Arbiter

was reversed by the NLRC whose judgment was in turn overturned by the appellate court, it

behooves us in the exercise of our equity jurisdiction to determine which findings are more

conformable to the evidentiary facts.7

In the case at bar, petitioner was dismissed on the ground of redundancy, one of the

authorized causes for dismissal.8 In Dole Philippines, Inc. v. NLRC,9 citing the leading case

of Wiltshire File Co., Inc. v. NLRC,10 we explained the nature of redundancy as an

authorized cause for dismissal thus:

. . . redundancy in an employer’s personnel force necessarily or even ordinarily refers to

duplication of work. That no other person was holding the same position that private

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respondent held prior to the termination of his services, does not show that his position had

not become redundant. Indeed, in any well-organized business enterprise, it would be

surprising to find duplication of work and two (2) or more people doing the work of one

person. We believe that redundancy, for purposes of the Labor Code, exists where the

services of an employee are in excess of what is reasonably demanded by the actual

requirements of the enterprise. Succinctly put, a position is redundant where it is superfluous,

and superfluity of a position or positions may be the outcome of a number of factors, such as

overhiring of workers, decreased volume of business, or dropping of a particular product line

or service activity previously manufactured or undertaken by the enterprise.

The determination that employee’s services are no longer necessary or sustainable and,

therefore, properly terminable is an exercise of business judgment of the employer. The

wisdom or soundness of this judgment is not subject to discretionary review of the Labor

Arbiter and the NLRC, provided there is no violation of law and no showing that it was

prompted by an arbitrary or malicious act.11 In other words, it is not enough for a company

to merely declare that it has become overmanned. It must produce adequate proof that such is

the actual situation to justify the dismissal of the affected employees for redundancy.12

Persuasive as the explanation proffered by respondent may be to justify the dismissal of

petitioner, a number of disturbing circumstances, however, leave us unconvinced.

First, of the 23 SMC employees assigned at the Sum-ag Sales Office/Warehouse, 9 accepted

the offer of SMC to avail of the early retirement whose separation benefits was computed at

250% of their regular pay. The rest, including petitioner, did not accept the offer. Out of the

remaining fourteen 14, only petitioner clearly manifested, through several letters,13 his desire

to be redeployed to the Sta. Fe Brewery or any sales office – and for any position not

necessarily limited to that of a warehouse checker. In short, he was even willing to accept a

demotion just to continue his employment. Meanwhile, other employees who did not even

write a letter to SMC were redeployed to the Sta. Fe Brewery or absorbed by other

offices/outlets outside Bacolod City.14

Second, petitioner was in the payroll of the Sta. Fe Brewery and assigned to the Materials

Section, Logistics Department, although he was actually posted at the Sum-ag Warehouse.15

Thus, even assuming that his position in the Sum-ag Warehouse became redundant, he should

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have been returned to the Sta. Fe Brewery where he was actually assigned and where there

were vacant positions to accommodate him.

Third, it appears that despite respondent’s allegation that it ceased and closed down its

warehousing operations at the Sum-ag Sales Office, actually it is still used for warehousing

activities and as a transit point where buyers and dealers get their stocks.16 Indeed, the Sum-

ag Office is strategically situated on the southern part of Bacolod City making it convenient

for dealers from the southern towns of Negros Occidental to get their stocks and deposit their

empty bottles in the said warehouse, thereby decongesting the business activities at the Sta.

Fe Brewery.

Fourth, in selecting employees to be dismissed, a fair and reasonable criteria must be used,

such as but not limited to (a) less preferred status, e.g. temporary employee; (b) efficiency;

and (c) seniority.17 In the case at bar, no criterion whatsoever was adopted by respondent in

dismissing petitioner. Furthermore, as correctly observed by the NLRC, respondent "has not

shown how the cessation of operations of the Sum-ag Sales Office contributed to the ways

and means of improving effectiveness of the organization with the end in view of efficiency

and cutting distribution overhead and other related costs. Respondent, thus, clearly resorted to

sweeping generalization[s] in dismissing complainant."18 Indeed, petitioner’s predicament

may have something to do with an incident where he incurred the ire of an immediate

superior in the Sales Logistics Unit for exposing certain irregularities committed by the

latter.19

In the earlier case of San Miguel Corporation v. NLRC,20 respondent’s reasons for

terminating the services of its employees in the very same Sum-ag Sales Office was rejected,

to wit:

Even if private respondents were given the option to retire, be retrenched or dismissed, they

were made to understand that they had no choice but to leave the company. More bluntly

stated, they were forced to swallow the bitter pill of dismissal but afforded a chance to

sweeten their separation from employment. They either had to voluntarily retire, be

retrenched with benefits or be dismissed without receiving any benefit at all.

What was the true nature of petitioner’s offer to private respondents? It was in reality a

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Hobson’s choice.21 All that the private respondents were offered was a choice on the means

or method of terminating their services but never as to the status of their employment. In

short, they were never asked if they wanted to work for petitioner.

In the case at bar, petitioner is similarly situated. It bears stressing that whether it be by

redundancy or retrenchment or any of the other authorized causes, no employee may be

dismissed without observance of the fundamentals of good faith.

It is not difficult for employers to abolish positions in the guise of a cost-cutting measure and

we should not be easily swayed by such schemes which all too often reduce to near nothing

what is left of the rubble of rights of our exploited workers.22 Given the nature of petitioner’s

job as a Warehouse Checker, it is inconceivable that respondent could not accommodate his

services considering that the warehousing operations at Sum-ag Sales Office has not shut

down.

All told, to sustain the position taken by the appellate court would be to dilute the

workingman’s most important right: his constitutional right to security of tenure. While

respondent may have offered a generous compensation package to those whose services were

terminated upon the implementation of the "pre-selling scheme," we find such an offer, in the

face of the prevailing facts, anathema to the underlying principles which give life to our labor

statutes because it would be tantamount to likening an employer-employee relationship to a

salesman and a purchaser of a commodity. It is an archaic abomination. To quote what has

been aptly stated by former Governor General Leonard Wood in his inaugural message

before the 6th Philippine Legislature on October 27, 1922 "labor is neither a chattel nor a

commodity, but human and must be dealt with from the standpoint of human interest."23

As has been said: "We do not treat our workers as merchandise and their right to security of

tenure cannot be valued in precise peso-and-centavo terms. It is a right which cannot be

allowed to be devalued by the purchasing power of employers who are only too willing to

bankroll the separation pay of their illegally dismissed employees to get rid of them."24 This

right will never be respected by the employer if we merely honor it with a price tag. The

policy of "dismiss now and pay later" favors moneyed employers and is a mockery of the

right of employees to social justice.25

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WHEREFORE, in view of all the foregoing, the petition is GRANTED. The Decision of the

Court of Appeals in CA-G.R. SP No. 53521 dated April 10, 2002, and the Resolution dated

December 11, 2002 denying petitioner’s Motion for Reconsideration, are SET ASIDE. The

decision of the National Labor Relations Division dated February 20, 1998 is REINSTATED.

Accordingly, petitioner’s dismissal is declared illegal, and respondent is ordered to reinstate

him to his former or equivalent position, with full backwages computed from April 1, 1996

up to his actual reinstatement. Respondent is likewise ordered to pay petitioner the sum

equivalent to ten percent (10%) of his total monetary award as attorney’s fees.

SO ORDERED.

Davide, Jr., C.J., (Chairman), Carpio, and Azcuna, JJ., concur.

Panganiban, J., on official leave.

Footnotes

1 Record., p. 98.

2 Id., p. 104.

3 Rollo, p. 41.

4 Id., pp. 35-44.

5 Id., p. 31.

6 Id., p. 44.

7 Progressive Development Corporation v. NLRC, 344 SCRA 512 [2000]; PAL v. NLRC,

328 SCRA 273 [2000]; Aklan Electric Cooperative, Inc. v. NLRC, 323 SCRA 258 [2000];

Samson v. NLRC, 330 SCRA 460 [2000].

8 Article 283, Labor Code.

9 417 Phil. 428 [2001].

10 G.R. No. 82249, 7 February 1991, 193 SCRA 665.

11 Wiltshire File Co., Inc. v. NLRCA, supra.

12 Golden Thread Knitting Industries, Inc. v. NLRC, 364 Phil. 216 [1999], citing Salonga v.

NLRC, G.R. No. 118120, 23 February 1996, 254 SCRA 111; Guerrero v. NLRC, G.R. No.

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119842, 30 August 1996, 261 SCRA 301; San Miguel Jeepney Service v. NLRC, G.R. No.

92772, 28 November 1996, 265 SCRA 35.

13 Record, pp. 324, 326, 501-502.

14 Id., p. 496. 

15 Id., p. 130.

16 Id., p. 129.

17 Capital Wireless, Inc. v. Confesor, 332 Phil. 78 [1996], citing Asiaworld Publishing

House, Inc. v. Ople, G.R. No. 56398, 23 July 1987, 152 SCRA 219.

18 NLRC Decision, p. 7; Records, p. 41.

19 Rollo, pp. 39-41.

20 G.R. No. 107693, 23 July 1998, 293 SCRA 13 [1998].

21 Hobson’s choice means no choice at all; a choice between accepting what is offered or

having nothing at all. It refers to the practice of Tobias Hobson, an English stable-owner in

the 17th century, of offering only the horse nearest the stable door.

22 Palmeria v. NLRC, G.R. Nos. 113290-91, 3 August 1995, 247 SCRA 57.

23 Cited in Dissenting opinion, Puno J., Serrano v. NLRC, 323 SCRA 445, 519 [2000].

24 Palmeria v. NLRC, supra.

25 See note 23, p. 523

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B. Nature of the Company

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C. References

http://www.inc.com/articles/1999/10/14108.html

http://www.investorwords.com/1140/corporation.html

http://www.scribd.com/doc/19025613/San-Miguel-Corporation#scribd

http://www.sanmiguel.com.ph/corporate/page/13/San_Miguel_group_vision.html

http://www.sanmiguel.com.ph/company/page/806/Our_History.html

http://www.slideshare.net/edzmhar0186/san-miguel-corporation-24130073

http://www.slideshare.net/anasurigao/group-7-san-miguel-corporation-case-study?related=1

http://www.sanmiguel.com.ph/company/page/801/Our_Core_Purpose.html

http://www.sanmiguel.com.ph/company/page/802/Strategy.html

http://www.fundinguniverse.com/company-histories/san-miguel-corporation-history/

http://www.sanmiguel.com.ph/PDF/fs/3rd_Quarter_Financial_Statements.pdf

http://www.bloomberg.com/research/stocks/snapshot/snapshot.asp?ticker=SMC:PM

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