Case Digest (G.R. No. 120038)
Facts:
The case involves Diana E. Belaunzaran as the petitioner and the National Labor Relations Commission (NLRC), Casino Espanol de Cebu, Glenn Ivan Loop, and Pablo Pido, Jr. as the respondents. The events leading to the case began when Diana E. Belaunzaran was employed by Casino Espanol de Cebu, Inc. on February 1, 1984, as the Food and Beverage Manager and was later promoted to General Manager with a monthly salary of P8,000.00, a signing privilege that increased from P1,000.00 to P2,000.00, and a 40% discount on restaurant chits. In August 1991, she applied for vacation leave from September 9, 1991, to October 15, 1991, which was approved by Pablo Pido, Jr. On October 14, 1991, while in Spain, she requested an extension of her leave until November 10, 1991, which was denied by management. Belaunzaran returned to the Philippines on November 12, 1991, and reported for work on November 16, 1991. However, two days later, she was informed by Loop and Pido, Jr. that the Board of Dire...
Case Digest (G.R. No. 120038)
Facts:
Employment and Promotion:
Petitioner Diana E. Belaunzaran was hired by Casino Espanol de Cebu, Inc. on 1 February 1984 as Food and Beverage Manager. She was later promoted to General Manager with a monthly salary of P8,000.00, plus additional benefits.
Vacation Leave and Extension Request:
In August 1991, Belaunzaran applied for vacation leave from 9 September to 15 October 1991, which was approved. She traveled to Spain to join her husband. On 14 October 1991, she requested an extension of her leave until 10 November 1991, which was disapproved. She returned to the Philippines on 12 November 1991 and reported for work on 16 November 1991.
Request to Resign:
Two days after her return, Belaunzaran was informed by private respondents Glenn Ivan Loop and Pablo Pido, Jr. that the Board of Directors had decided to ask her to resign due to complaints from employees about her failure to investigate the loss of stocks and supplies. She was offered separation pay equivalent to one month’s salary for every year of service plus her 13th-month pay for 1991.
Meeting with the Board:
On 18 November 1991, Belaunzaran met with the Board, where she was informed of the complaints against her. The Board advised her to resign to avoid further embarrassment. She did not report back to work after the meeting and instead filed a sick leave notice on 14 December 1991, which was disapproved.
Complaint for Illegal Dismissal:
Belaunzaran filed a complaint for illegal dismissal, claiming she was constructively dismissed. Private respondents countered that she abandoned her job and that her prolonged absence justified their loss of trust and confidence in her.
Issue:
- Whether petitioner Diana E. Belaunzaran was illegally dismissed by private respondents.
- Whether petitioner abandoned her job.
- Whether petitioner is entitled to backwages, moral damages, and exemplary damages in addition to separation pay and 13th-month pay.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)