Title
Belaunzaran vs. National Labor Relations Commission
Case
G.R. No. 120038
Decision Date
Dec 23, 1996
Employee requested leave extension, denied; asked to resign due to complaints, prolonged absence. Court ruled no illegal dismissal, justified loss of trust; awarded separation pay, no additional damages.
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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:

  1. Whether petitioner Diana E. Belaunzaran was illegally dismissed by private respondents.
  2. Whether petitioner abandoned her job.
  3. 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)


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