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00:00.9
Alright, yan. Magandang araw mga kabatas natin at welcome sa isa ng mga livestream.
00:06.1
Mga kabatas natin, pag-usapan natin yung moonlighting na yan.
00:10.5
Itong November 14, 2023 lang mga kabatas natin, si Atty. Georgie Alonso ng Atty. Georgie Alonso and Associates.
00:20.0
Yung law firm mo, nilalabas mo dyan. Bawal yan. Gaganyanin ka ni Rafi Tulfo dyan.
00:24.4
Sa isang website mga kabatas natin na tribune.net.ph, meron siyang topic tungkol sa moonlighting.
00:34.6
Pero itong moonlighting na ito mga kabatas natin, it is in relation to private companies.
00:45.3
Private employment. Si Rafi Tulfo, public servant.
00:50.7
Tandaan nyo mga kabatas natin, mas mataas ang ethical standard.
00:54.4
Nang isang public servant kesa sa isang private employee.
01:00.8
Okay? So let's make a comparison.
01:05.2
From another lawyer, Atty. Georgie Alonso.
01:09.9
Okay? Tandaan nyo, itong si Rafi Tulfo, meron siyang isa, Rafi Tulfo in action.
01:20.8
Na ginagawa niya.
01:24.4
At proud siya na ginagawa niya ito ng Thursday-Friday.
01:30.4
Yung WhatsApp ka-one-up niya.
01:33.8
Yung kanyang elixir, yung pagiging endorser niya ng isang Ponzi company, ayon sa Daily Tribune.
01:40.8
Mga kabatas natin, eh, hindi natin alam. One year yan eh.
01:48.7
Kung anong oras niya ginagawa.
01:51.6
Speaking of oras,
01:54.4
let's study this.
01:59.7
sorry, I am a waiter, delivery rider in one of the restaurants in
Taguig City
02:04.2
and render work from 10am to 7pm.
02:07.9
After I finish all of my duties in the restaurant after 7pm,
02:11.6
I do sideline work as a rider doing delivery services or erant
02:15.4
as I need to find additional sources of income to help with the finances of my family.
02:22.5
after I finish all of my duties,
02:24.4
in the restaurant,
02:29.2
Ibig sabihin nito,
02:31.0
tapos na yung trabaho niya.
02:34.5
Kasi ang trabaho niya, 10am to 7pm.
02:38.5
My sideline job did not interfere with my regular job
02:42.2
since I made sure that I had already finished all of my work before doing my sideline work.
02:48.9
Anong tawag dyan? Moonlighting.
02:53.1
When my manager found out,
02:54.3
found out about my sideline,
02:56.5
I was dismissed from my regular job for serious misconduct.
03:03.6
Isipin mo ito, mga kapatid natin, ha?
03:05.4
So mga sideline lang na-dismiss.
03:07.2
According to my manager,
03:08.5
the company policy prohibits employees from working with another employer.
03:12.3
Was my dismissal valid?
03:13.8
I hope you can help me.
03:22.4
Contrary to your manager's claim,
03:23.9
you're dismissed.
03:24.3
Your dismissal is not valid.
03:25.6
From what you stated, you perform your sideline work
03:27.9
only after you finish your work schedule at 7pm.
03:32.0
In addition, your rider job did not interfere with your regular job work schedule in the restaurant.
03:41.9
Anong sinabi ni Rafi Tulfo?
03:44.4
Mondays to Wednesdays,
03:46.8
nagtatrabaho siya bilang senador.
03:50.3
Thursdays at Fridays,
03:54.3
Rafi Tulfo in action.
03:55.7
O, isa siyang broadcaster.
04:02.0
Tatlong araw lang ba ang trabaho sa gobyerno?
04:10.6
Doon pa lang may problema na tayo.
04:13.7
Kasi dito, sinabi rin yung trabaho niya.
04:22.5
Si Rafi Tulfo, is it after?
04:24.3
After office hours?
04:31.0
In the case of Jackie R. Moreno vs. San Sebastian College,
04:34.5
Recoletos, Manila,
04:35.7
GR number 175283,
04:40.7
the Supreme Court declared,
04:42.4
hindi, stated, stated, yan, yan.
04:48.9
Stated, stated naman!
04:50.8
Pero pwedeng declared yan.
04:52.0
Pwedeng declared yan.
04:58.4
This is a direct quote.
05:01.1
Kasi kahit hindi sinabi dito ang mga kabatas natin
05:05.5
na in verbatim or quoting
05:11.0
Supreme Court pa rin yung nagsabi nun.
05:15.9
At kung papalitan ko ito ng Supreme Court declared,
05:19.3
it means the same thing.
05:24.3
Please debunk me.
05:27.0
Sige, let's go, let's go.
05:30.1
Sabi ni Magic, pwede concluded,
05:32.4
hindi ako yung makakasagot yan.
05:37.1
In the present case,
05:38.8
SSCR failed to adduce any concrete evidence
05:41.6
to prove that Moreno indeed harbored perverse or corrupt motivations
05:45.1
in violating the aforesaid school policy.
05:47.9
In her letter of explanation
05:49.3
to the grievance committee dated 12 November 2012,
05:54.3
Moreno explained in detail her role as a breadwinner
05:57.3
and the grave financial conditions of her family.
06:00.8
As previous requests for permission had already been denied,
06:03.7
Moreno was thus prompted to engage in illicit teaching activities
06:07.6
as she desperately needed them to augment her income.
06:11.1
Instead of submitting controverting evidence, SSR,
06:15.0
Nagbabas ako dito. Lumalabas-labas yan.
06:19.2
Dismissed above statement as nothing more than a lame excuse.
06:24.3
And are clearly an afterthought,
06:25.8
considering that no evidence was offered to support them
06:28.2
and that Moreno's salary was allegedly
06:30.3
one of the highest among the universities in the country.
06:33.4
In addition, even if dismissal for cause is
06:35.3
the prescribed penalty for the misconduct
06:37.3
she committed under SSCR faculty manual
06:40.3
and Moreno's employment contract,
06:42.0
the court finds the same to be
06:43.5
disproportionate to the offense.
06:45.6
Time and time again,
06:47.7
we have ruled that while an employer
06:49.8
enjoys a wide latitude of discretion
06:51.6
in promulgation of policies, rules,
06:54.3
on work-related activities of employees,
06:56.7
those directives, however,
06:57.7
must always be fair and reasonable
06:59.6
and the corresponding penalties when prescribed
07:01.8
must be proportion
07:02.8
or proportional to the offense involved
07:06.0
and to the degree of the infraction.
07:12.0
special circumstances were present in the case at bar
07:14.6
which should have been properly taken into account
07:16.7
in the imposition of the appropriate penalty.
07:20.7
Inadmit niya yung misconduct.
07:24.3
Ah, which was undisputably
07:26.6
the first she has ever committed
07:28.5
against the school.
07:30.6
Her teaching abilities and administrative skills
07:32.7
remained apparently unaffected
07:34.0
by external teaching engagements.
07:35.9
Ang ginawa ng teacher dito, mga kapatid natin,
07:38.2
nagturo siya sa ibang school.
07:44.5
Ngayon, mga kapatid natin,
07:47.2
ah, yung dahilan niya kasi,
07:49.7
who wants to alleviate her family's
07:51.1
poor financial conditions,
07:53.1
hindi nila na-refute,
07:54.3
sabi niya ganyan,
07:55.3
sabi niya ganyan,
07:58.0
the claim by SSCR
08:01.0
that the imposition of a leisure penalty
08:03.0
would set a bad precedent
08:04.1
for the other faculty members who comply
08:05.8
with the school policies is too speculative
08:07.8
for this court to even consider.
08:12.6
So, sabi niya ganyan,
08:15.8
e-apply yung kaso,
08:18.7
in the policy of the restaurant
08:20.1
against working for another employee,
08:21.6
which may be considered as a form of misconduct.
08:24.3
the same is not sufficient
08:25.8
to warrant the penalty of dismissal.
08:28.7
So, pag titignan niyo dito,
08:29.8
mga kapatid natin,
08:31.5
this is a private institution.
08:35.4
Napaka-stricto na.
08:37.4
Isipin mo, mga kapatid natin, ha?
08:40.0
Nagtrabaho siya sa labas
08:50.3
nagkaroon pa rin siya ng penalty.
08:53.3
harsh ang dismissal,
08:57.5
Harsh ang dismissal.
09:02.0
may violation pa rin.
09:08.1
the working hours.
09:12.0
Paano pa kaya, mga kapatid natin,
09:13.8
pag ikaw, magtatrabaho ka
09:18.7
at ikaw ay isang senador,
09:20.8
tapos within working hours.
09:25.6
Government office hours.
09:33.5
This is very strict.
09:37.2
the ethical standards for government employees
09:40.4
na pinagbabawal na magkaroon ka ng
09:42.3
stake o ibang trabaho
09:43.7
unless you are expressly allowed by the law.
09:48.6
Tandaan niyo yun, ha?
09:49.8
Yung pagbabawal na yun,
09:51.2
kahit ginagawa mo yun,
09:53.3
after office hours.
09:59.8
It should be pro-
10:07.3
Hindi pwedeng silent.
10:09.3
Dapat sinabi niya pwede.
10:11.3
Eh, paano pa kaya pag-
10:15.3
Ito nga! Hindi ka naman pwedeng magturo kasi.
10:19.3
Nang dalawang klase.
10:21.4
Ito nga! Hindi ka naman pwedeng magturo kasi.
10:21.5
Ito nga! Hindi ka naman pwedeng magturo kasi.
10:21.6
Ito nga! Hindi ka naman pwedeng magturo kasi.
10:23.6
pag nagtuturo yung teacher dito sa ibang school,
10:26.6
wala siyang turo sa school na yun.
10:29.6
Kung saan siya nagtatrabaho.
10:32.6
hindi siya nagnanakaw ng oras.
10:38.1
Pero, kahit hindi siya nagnanakaw ng oras,
10:41.6
meron pa ring misconduct.
10:57.1
Your dismissal was wrong
10:58.3
And will be considered
11:05.6
Pero it is still considered
11:14.4
Itong isa cannot be characterized
11:17.2
Misconduct what such of
11:21.4
Mga kabatas natin
11:24.3
Ito kasing dulo dito
11:29.0
Na hindi misconduct
11:33.0
And aggravated character
11:34.5
Na would be tantamount to
11:37.6
It is still a misconduct
11:39.3
Pero it's not a grave misconduct
11:42.5
Mga kabatas natin
11:49.4
Hindi sila nagnanakaw ng oras
11:55.8
Mga kabatas natin
11:58.7
Sa isang government employee
12:00.7
Katulad ni Rafi Tulfo
12:01.9
Monday to Wednesday
12:04.3
Thursday and Friday
12:15.7
Mga kabatas natin
12:17.2
Ito sabi ni Karenina Salazar
12:29.2
Pag government employee
12:29.9
Working office hours
12:34.3
Na government employee
12:37.8
Mag early time in
12:42.0
Bawas sa sahod mo yun
12:44.7
Nandun ka sa opisina mo
12:53.2
Working during and after
12:55.5
Hindi sinisilip ng
12:56.4
Senate Ethics Committee
13:07.0
Mga kabatas natin
13:07.8
Tulad na lagi yung sinasabi
13:11.7
Na yung natutulog
13:13.3
Siya yung laging panalo
