otherwise known as the Special Economic Zone Act of 1995, as amended by RA No. 8748, and upon recommendation of the Board of Directors of the Philippine Economic Zone Authority (PEZA), I, BENIGNO S. AQUINO III, President of the Philippines, do hereby create and designate, subject to the provisions of RA No. 7916, as amended, its Implementing Rules and Regulations, Resolution No. 00-411 (s. 2000), as amended by Resolution No. 04-295 (s. 2004) and Resolution No. 10-610 (s. 2010) of the PEZA Board of Directors, the I-Square Building as an Information Technology Center with a gross floor area of 23,899 square meters, more or less, to be established on a parcel of land located at Meralco Avenue, Ortigas Center, Pasig City, containing an area of One Thousand Seven Hundred Forty Nine (1,749) Square Meters, more or less, as defined by the following technical description:

TCT No. 011-PT-97166

Lot 4, Block 3
(LRC) PSD-105493

A parcel of land [Lot 4, Block 3, of the subdivision plan, (LRC) PSD-105493, Sheet 1], being a portion of Lot 4, PCS-3588, LRC (GLRO) Rec. Nos. 699, 875 and 917), situated in the Barrio of Oranbo, Municipality of Pasig, Province of Rizal, Island of Luzon. Bounded on the E., points 2 to 3 by Road Lot 4; On the 4; On the S., points 3 to 4 by Lot 5, Block 3; On the W., points 4 to 1 by Road Lot 10; and on the N., points 1 to 2 by Lot 3, Block 3, all of the subdivision plan.

Beginning at a point marked "1" on plan, being S. 80 deg. 48 E., 1,214.50 m. from BLLM No. 1, Wack-Wack,

TRANSFERRING THE LOCAL WATER UTILITIES I. ADMINISTRATION (LWUA) FROM THE DEPARTMENT OF HEALTH TO THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH)

WHEREAS, Presidential Decree No. 198, as amended, established LWUA which is currently attached to the Department of Health (DOH) by virtue of Executive Order (EO) No. 738 (s. 2008).

WHEREAS, there is a need for a concerted and well-coordinated effort in formulating policies as well as planning and implementing programs and projects for the water sector;

WHEREAS, the Metropolitan Waterworks and Sewerage System (MWSS) was created by virtue of Republic Act No. 6234, as amended, and is currently attached to the DPWH by virtue of Executive Order No. 124 (s. 1987);

WHEREAS, DPWH is mandated to ensure that the planning, design, construction and maintenance of infrastructure facilities such as national highways, flood control and water resource development systems, are

in accordance with the highest level of safety and efficiently and in line with the overall national development objectives;

WHEREAS, EO No. 279 (s. 2004) and EO No. 421 (s. 2005) provide that a representative from the DOF shall be one of the three National Government Trustees in the LWUA Board;

WHEREAS, DOH representation in the LWUA Board of Trustees is sufficient for continuing oversight on the water and sanitation sector with respect to health concerns; and,

WHEREAS, under Section 31, Chapter 10, Title III, Book III of the Administrative Code

of 1987, the President has the continuing authority to reorganize the administrative

structure of the Office of the President.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby

order and direct:

SECTION 1. Transfer of LWUA to DPWH-LWUA is hereby transferred from DOH to DPWH.

SEC. 2. Authority to Exercise Administrative Supervision.-DPWH is hereby authorized to exercise administrative supervision over LWUA and shall continue to implement reforms, including but not limited to those established under EO No. 279 and EO No. 421, to ensure efficient flow of resources into the sector, thereby facilitating the implementation of projects therein.

SEC. 3. National Government Trustees.-The Secretaries of Finance, Public Works and Highways, and Health, serving in ex officio capacity, shall sit as Members of the LWUA Board of Trustees representing the National Government. The foregoing ex officio members may designate their respective alternates who shall be officials next-in-rank, and whose acts shall be considered the acts of their principals. In no case shall the alternate be lower in rank than Assistant Secretary.

SEC. 4. Creation of an Inter-Agency Committee on the Water Sector.-The Secretary of Public Works and Highways,

as Lead, shall convene the Inter-Agency Committee on the Water Sector which is hereby tasked to design and recommend to the President a water sector master plan which will effectively address all the issues and concerns of the water sector. The Committee shall likewise recommend to the President the appropriate organizational structure of all concerned agencies for the effective implementation of the water sector master plan.

The National Economic and Development

Authority (NEDA), Department of Budget and Management (DBM), Department of Interior and Local Government (DILG), the Office of the President (OP) and such other concerned agencies shall form part of the Inter-Agency Committee on the Water

Sector.

SEC. 5. Rules and Regulations.DPWH, in consultation with the concerned agencies, shall formulate the Implementing Rules and Regulations (IRR) for the effective implementation of this Executive Order.

SEC. 6. Repeal.-All orders, rules, regulations, and issuances, or parts thereof, which are inconsistent with the provisions of this Executive Order, are hereby repealed or modified accordingly.

SEC. 7. Separability.-if any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SEC. 8. Effectivity.--This Executive Order shall take effect immediately upon publication in a newspaper of general circulation.

DONE, in the City of Manila, this 26th day of October, in the year of Our Lord Two Thousand and Eleven.

(Sgd.) BENIGNO SIMEON AQUINO III
President of the Philippines

By the President:

(Sgd.) PAQUITO N. OCHOA, JR. Executive Secretary

[G.R. No. 177937. January 19, 2011]

SECOND DIVISION

ROBINSONS GALLERIA/ROBINSONS SUPERMARKET CORPORATION and/or JESS MANUEL, Petitioners, VS. IRENE R. RANCHEZ, Respondent.

SYLLABUS

of the Ruling of the Court

2. ID.; ID.; ID.; GROUNDS FOR TERMINATION OF PROBATIONARY EMPLOYMENT.-A probationary employee, like a regular employee, enjoys security of tenure. However, in cases of probationary employment, aside from just or authorized causes of termination, an additional ground is provided under Article 281 of the Labor Code, i.e., the probationary employee may also be terminated for failure to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of the engagement. Thus, the services of an employee who has been engaged on probationary basis may be terminated for any of the following: (1) a just or (2) an authorized cause; and (3) when he fails to qualify as a regular employee in accordance with reasonable standards prescribed by the employer.

3. ID.; ID.; ID.; REQUIREMENTS FOR A VALID TERMINATION OF PROBATIONARY EMPLOYMENT.-Article 277 (b) of the Labor Code mandates that the subject to the constitutional right of workers to security of tenure and their right to be protected against dismissal, except for just and authorized cause and without prejudice to the

requirement of notice under Article 283 of the same Code, the employer shall furnish the worker, whose employment is sought to be terminated, a written notice containing a statement of the causes of termination, and shall afford the latter ample opportunity to be heard and to defend himself with the assistance of a representative if he so desires, in accordance with company rules and regulations pursuant to the guidelines set by the Department of Labor and Employment.

4. ID.; ID.; ID.; ID.; DUE PROCESS REQUIREMENTS UNDER THE LABOR CODE ARE MANDATORY AND MAY NOT BE SUPPLANTED BY POLICE INVESTIGATION OR COURT PROCEEDINGS.-As correctly pointed out by the NLRC, the due process requirements under the Labor Code are mandatory and may not be supplanted by police investigation or court proceedings. The criminal aspect of the case is considered independent of the administrative aspect. Thus, employers should not rely solely on the findings of the Prosecutor's Office. They are mandated to conduct their own separate investigation, and to accord the employee every opportunity to defend himself.

5. ID.; ID.; ID.; RELIEFS GRANTED TO AN ILLEGALLY DISMISSED PROBATIONARY EMPLOYEE; BACKWAGES, HOW COMPUTED. [A]s an illegally or constructively dismissed employee, respondent is entitled to: (1) either reinstatement, if viable, or separation pay, if reinstatement is no longer viable; and (2) backwages. These two reliefs are separate and distinct from each other and are awarded conjunctively. In this case, since respondent was a probationary employee at the time she was constructively dismissed by petitioners, she is entitled to separation pay and backwages. Reinstatement of respondent is no longer viable considering the circumstances. However, the backwages that should be awarded to respondent shall be reckoned from the time of her constructive dismissal until the date of the termination of her employment, i.e., from October 30, 1997 to March 14, 1998. The computation should not cover the entire period from the time her compensation was withheld up to the time of