G.R. No. 168081              October 17, 2008

FACTS:

Armando Yrasuegui was a former international flight steward of Philippine Airlines, who stands at 5’8” with a large body frame (the ideal weight for his size is 166 lbs).  In 1984, due to weight problems of the petitioner, PAL advised him to go on an extended vacation leave from December 1984 to March 1985 to address his weight concern. In many instances, the petitioner  did not meet the weight standards which prompted several leave without pay.

After meeting the required weight, petitioner was allowed to return to work but petitioner’s weight problem recurred which made his off duty status retained. He was directed to report every two weeks for weight checks but he refused to do so.

PAL finally served petitioner a Notice of Administrative Charge for violation of company standards on weight requirements. Petitioner in his answer claimed that PAL discriminated against him because “the company has not been fair in treating the cabin crew members who are similarly situated.”