In applying the exception, of course, the Supreme Court is always mindful of the new rule it established in Toyota v. NLRC,[2] where it held that "in addition to serious misconduct, in dismissals based on other grounds under Art. 282[3] like willful disobedience, gross and habitual neglect of duty, fraud or willful breach of trust, and commission of a crime against the employer or his family, separation pay should not be conceded to the dismissed employee."[4] However, the High Court also recognizes that some cases merit a relaxation of this rule, taking into consideration their peculiar circumstances.
[1] Philippine Commercial International Bank v. Abad, 492 Phil. 657, 663-664 (2005).
[2] 562 Phil. 759, 812 (2007).
[3] Now Article 297 of the Labor Code.
[4] Toyota v. NLRC, supra note 27 at 812.
