Case Digest (G.R. No. 211525)
Facts:
Jude Darry A. Del Rio v. DPO Philippines, Inc., Daniel Pans and Grace Lucero, G.R. No. 211525, December 10, 2018, Supreme Court Third Division, Reyes, Jr., J., writing for the Court.Petitioner Jude Darry A. Del Rio was employed by respondent DPO Philippines, Inc., a Belgian multinational food distribution company, and served as Assistant Country Manager tasked with establishing operations in Cebu and later Davao. On September 7, 2009, Del Rio submitted a letter of resignation effective October 7, 2009; DPO accepted the resignation in a letter dated September 14, 2009 and publicly announced the resignation on October 11, 2009. After separation, Del Rio discovered unpaid salary for September 16–October 7, 2009 and sought payment of unpaid salary, accrued leave conversion and separation pay, which DPO denied. On October 9, 2009 Del Rio filed a complaint with the Regional Arbitration Branch of the NLRC in Cebu for recovery of these monetary claims.
Respondent DPO alleged that in the latter part of his employment Del Rio engaged in competitive activities: on or about August 28, 2009 Del Rio allegedly secured corporate registration for Judphilan Foods, which had the same primary purpose as DPO. DPO also explained that it had paid separation-type sums to two resigned employees, Michael Legaspi and Felinio Martinez, as an accommodation to secure their resignations in lieu of termination; DPO offered Del Rio P110,692.75 (covering unpaid salary, 13th month, tax refund and commissions), which Del Rio rejected as insufficient and demanded separation pay and leave conversion.
The Labor Arbiter, in a Decision dated June 25, 2010, ruled for Del Rio and awarded unpaid wages, other monetary claims and separation pay amounting to P409,500.00, totaling P520,192.75. DPO appealed to the National Labor Relations Commission (NLRC), which in its January 26, 2011 Decision denied the appeal and affirmed the Labor Arbiter's Decision; the NLRC denied reconsideration on March 31, 2011. DPO then filed a petition for certiorari with the Court of Appeals (CA) challenging the separation pay award as improper for a voluntarily resigned employee; the CA, in a Decision dated November 6, 2013 in CA-G.R. CEB-SP No. 05921, affirmed the NLRC with modification by deleting the award of separation pay. The CA denied Del Rio’s motion fo...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in considering respondents’ arguments that were allegedly raised for the first time on appeal?
- Was petitioner Del Rio entitled to separation pay despite having voluntari...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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