Case Digest (G.R. No. 228088)
Case Digest (G.R. No. 228088)
Facts:
Automatic Appliances, Inc., Samson F. Lim, Cornelio P. Buenaventura and Christine M. Pontillas v. Francia B. Deguidoy, G.R. No. 228088, March 15, 2021, the Supreme Court En Banc, Reyes, A., Jr., J., writing for the Court.Petitioner Automatic Appliances, Inc. (AAI) is a retail corporation; petitioners Lim, Buenaventura and Pontillas are its former President, Vice‑President for Human Resources, and Tutuban Branch Manager, respectively. Respondent Francia B. Deguidoy was employed by AAI from June 3, 1998 as a regular Sales Coordinator at its Cubao branch and later reassigned to Tutuban.
In 2013 AAI experienced economic difficulties and implemented cost‑cutting measures including branch closures and personnel reshuffling. AAI reassigned Deguidoy from Cubao to Tutuban (which she accepted). While at Tutuban, her sales performance lagged behind peers and branch expectations, and company records showed 29 days of unexplained absences between March and August 2013. AAI counseled her, offered lateral reassignment to desk work because of her admitted weight‑related difficulty standing, and issued attendance and inefficiency memos; she was suspended for one month and later apologized.
On October 7, 2013, after being verbally informed of an intended reassignment to the Ortigas branch, Deguidoy left during lunch and did not return; she filed an illegal dismissal complaint on October 14, 2013. The Labor Arbiter (LA) on February 28, 2014 dismissed her complaint for illegal dismissal, finding no dismissal but ordering payment of proportionate 13th month pay. Deguidoy appealed to the National Labor Relations Commission (NLRC), amending her theory to allege constructive dismissal. On July 28, 2014 the NLRC reversed the LA, finding constructive dismissal and awarding full backwages and separation pay in lieu of reinstatement. AAI filed a Rule 65 certiorari petition with the Court of Appeals (CA).
The CA, in a March 31, 2016 decision, affirmed with modification the NLRC by finding constructive dismissal and ordering reinstatement with full backwages computed from October 7, 2013 until actual reinstatement. AAI then filed this petition for review on certiorari under Rule 45 seeking reversal of the CA decision.
Issues:
- Was AAI's objection that Deguidoy changed her theory of relief (from actual dismissal to constructive dismissal) fatal to her claim and such that the CA and NLRC should not have entertained constructive dismissal?
- Whether Deguidoy was constructively dismissed when AAI informed her of an intended transfer to the Ortigas branch.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)