ARMANDO G. YRASUEGUI vs. PHILIPPINE AIRLINES, INC G.R. No. 168081; (569 SCRA 467) October 17, 2008 Click the link below to watch the visual animaon of the case. YouTube Channel: hps://youtu.be/s8n1zKDMy1Y Facts: Complainant was an internaonal flight steward who was dismissed because of his failure to adhere to the weight standards of the company. Armando was a former internaonal flight steward of Philippine Airlines, or PAL for the purpose of this video. He stands five feet and eight inches with a large body frame. The proper weight for a man of his height and body structure is from 147 to 166 pounds. The ideal weight being 166 pounds , as mandated by the Cabin and Crew Administraon Manual of PAL. The LABOR ARBITER held that the weight standards of PAL are reasonable in view of the nature of Armando’s job. However, the weight standards need not be complied with under pain of dismissal since his weight did not hamper the performance of his dues. Like the Labor Arbiter, the Naonal Labor Relaons Commission found the weight standards of PAL to be reasonable. According to the Naonal Labor Relaons Commission, "obesity, or the tendency to gain weight uncontrollably regardless of the amount of food intake, is a disease in itself." As a consequence, there can be no intenonal defiance or serious misconduct by Armando to the lawful order of PAL for him to lose weight. The Court of Appeals also believed that the weight standards of PAL are reasonable. Thus, Armando was legally dismissed because he repeatedly failed to meet the prescribed weight standards. It was obvious that the issue of discriminaon was only invoked by Armando for purposes of escaping the result of his dismissal for being overweight. The ISSUE here is whether or not he was validly dismissed. Held: SC upheld the legality of dismissal. Separaon pay, however, should be awarded in favor of the employee as an act of social jusce or based on equity. This is so because his dismissal is not for serious misconduct. Neither is it reflecve of his moral character. The obesity of Armando was a ground for dismissal under Arcle 282 of the Labor Code.