19/04/2026
In ๐๐ข๐ฌ๐จ๐ง ๐๐๐ง๐๐ ๐๐ฆ๐๐ง๐ญ ๐๐จ๐ซ๐ฉ๐จ๐ซ๐๐ญ๐ข๐จ๐ง ๐ฏ. ๐๐๐, ๐.๐. ๐๐จ. ๐๐๐๐๐๐, ๐
๐๐๐ซ๐ฎ๐๐ซ๐ฒ ๐๐, ๐๐๐๐, the Supreme Court ruled it is illegal to dismiss an employee solely for testing positive for HIV, declaring such termination discriminatory under Section 49(a) of Republic Act No. 11166 which makes it unlawful for an employee to be terminated from work on the sole basis of their HIV status.
The Supreme Court found that the CA correctly ruled that since Philippine law categorically prohibits the use of a personโs HIV+ condition as a ground for dismissal, the inescapable conclusion is that there was no valid cause to terminate AAA, and that doing so is tantamount to illegal dismissal.
While it is true that disease may be a ground for termination under Article 299 of the Labor Code, as amended and renumbered, Bison has conceded that HIV positive is not yet an illness/disease. There being no other reason proffered for AAAโs dismissal apart from his HIV status, the Court upholds the ruling of the CA that the NLRC did not commit grave abuse of discretion in finding that AAA was illegally dismissed.