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G.R. No. 162994 Duncan Assoc. of Detailman-Ptgwo and Tecson Glaxo Wellcome Phils., Inc. Facts: Issue

Glaxo had a policy prohibiting employees from marrying employees of competitor companies due to conflicts of interest. Pedro Tecson, a Glaxo employee, married an employee of Astra Pharmaceuticals, a Glaxo competitor. As a result, Glaxo transferred Tecson to a new sales area. The court ruled that Glaxo's policy was valid as relationships with competitors could compromise trade secrets and other confidential company information.

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Lara Delle
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13 views

G.R. No. 162994 Duncan Assoc. of Detailman-Ptgwo and Tecson Glaxo Wellcome Phils., Inc. Facts: Issue

Glaxo had a policy prohibiting employees from marrying employees of competitor companies due to conflicts of interest. Pedro Tecson, a Glaxo employee, married an employee of Astra Pharmaceuticals, a Glaxo competitor. As a result, Glaxo transferred Tecson to a new sales area. The court ruled that Glaxo's policy was valid as relationships with competitors could compromise trade secrets and other confidential company information.

Uploaded by

Lara Delle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No. 162994 request was denied.

He defied the transfer order and continued


DUNCAN ASSOC. OF DETAILMAN-PTGWO and TECSON to act as medical representative in the Camarines sales area.
versus
GLAXO WELLCOME PHILS., Inc. Issue:
Whether or not Glaxo’s policy against its employees
Facts: marrying employees from competitor companies is valid.
Pedro Tecson was hired by Glaxo Wellcome as medical
representative after Tecson had undergone training and Ruling:
orientation. Yes.
Glaxo has a right to guard its trade secrets,
He, subsequently, signed an employment contract which manufacturing formulas, marketing strategies and other
stipulates, among others, that he agrees to study and abide by confidential programs and information from competitors.
existing company rules, specifically, to disclose to management
any existing or future relationships by consanguinity or affinity The prohibition against personal or marital relationships
with co-employees or employees of competing drug companies with employees of competitor companies upon Glaxo’s
and should management find that such relationship poses a employees is reasonable under the circumstances because
possible conflict of interest, to resign from the company. Code of relationships of that nature might compromise the interests of
conduct of Glaxo similarly provides these conditions. the company.

Tecson was initially assigned to market Glaxo’s products Glaxo does not impose an absolute prohibition against
in Camarines Sur and Norte sales areas. Subsequently, he relationships between its employees and those of competitor
entered into a romantic relationship with a certain Bettsy, who is companies. Its employees are free to cultivate relationships with
the Branch Coordinator of Astra Pharmaceuticals in Albay- a and marry persons of their own choosing. What the company
competitor of Glaxo. seeks to avoid is a conflict of interest between the employee
and the company that may arise out of such relationships.
Even before they got married, Tecson received several
reminders from his District Manager regarding the conflict of
interest which his relationship with Bettsy might engender.
However, love prevailed and they got married.

Tecson’s superior reminded him that he and Bettsy


should decide which one of them would resign from their jobs.
However, Tecson failed to resolve the problem. Glaxo
transferred him to the Butuan City-Surigao City-Agusan del Sur
sales area. He asked Glaxo to reconsider its decision but said
G.R. No. 155831 Ruling:
M. LOURDES DOMINGO Yes.
versus It is true that the provision of the law calls for a “demand,
ROGELIO RAYALA request or requirement of a sexual favor”, but it is not necessary
that the demand, request or requirement of a sexual favor be
Facts: articulated in a categorical oral or written statement.
Rogelio Rayala was an appointee by the President of the
Philippines as the Chairman of NLRC. Ma. Lourdes Domingo It may be discerned from the acts of the offender. Holding
was a Stenographic Reporter at the same office. and squeezing Domingo’s shoulders, running his fingers across
her neck and tickling her ear, having inappropriate
Domingo filed a complaint against Rayala before the conversations with her, giving her money for school expenses
Secretary of DOLE for alleged acts of sexual harassment like with a promise of future privileges, and making statements with
pinching her shoulders and tickling her neck which suggest unmistakable sexual overtones resound with deafening clarity
sexual desire. the unspoken request for a sexual favor.

The office of the President dismissed Rayala which Contrary to Rayala’s claim, it is enough that the
prompted the latter to file before the CA a certiorari under Rule respondent’s acts result in creating an intimidating, hostile or
65. The CA denied the same and instead modified the ruling offensive environment for the employee.
holding Rayala liable with the penalty of suspension for one year
and not dismissal from service.

Domingo, the office of the President and Rayala filed


petitions for review. Domingo and the office of the President
argued that the dismissal was proper and within the prerogative
of the President as Rayala was a presidential appointee.
Rayala, on the other hand, argued that he is not guilty of sexual
harassment.

Issue:
Whether or not Rayala did commit sexual harassment.

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