Case Digest (G.R. No. 203587)
Facts:
Diwa Asia Publishing, Inc. and Saturnino Belen, G.R. No. 203587, August 13, 2018, First Division, Tijam, J., writing for the Court. Petitioners Diwa Asia Publishing, Inc. (Diwa) and Saturnino Belen (chairman) filed a Rule 45 petition assailing the Court of Appeals (CA) Decision dated July 2, 2012 and Resolution dated September 20, 2012 in CA‑G.R. SP No. 99055. The CA had granted respondent Mary Grace U. De Leon’s petition, declaring her constructively dismissed and ordering backwages and separation pay. Tijam, J., authored the Supreme Court decision.Respondent was hired by Diwa Learning Systems, Inc. (DLSI) as HR Manager on August 2, 2001 and became regular on February 2, 2002; her duties extended to servicing several sister companies in the conglomerate. Tension began after respondent advised against converting an editor’s status to contractual; thereafter, Gemma Asuncion (seconded VP for HR from FAVCI/Fastech) was placed to supervise respondent. Respondent alleged progressive marginalization: exclusion from HR decisions, repeated sarcastic and berating emails and incidents, deputation of another HR officer (Mary Ann Dulig) who later assumed HR manager functions, offers of separation pay (P75,000 then P150,000) which respondent refused, and a June 22, 2004 episode where Asuncion allegedly shoved a laptop at respondent — the next day respondent filed for constructive dismissal (complaint docketed June 23, 2004).
Petitioners countered that respondent abandoned work (unauthorized absence June 23–Aug 6, 2004, effective Aug 7, 2004), that the emails were mild managerial critiques within management prerogative, that secondment of Asuncion did not demote respondent, and that any assistance by Dulig was limited and temporary.
At the Labor Arbiter (LA), the complaint for constructive dismissal was dismissed on October 7, 2005; the LA held that reprimands and negative feedback are within employer management prerogative and do not necessarily constitute harassment or illegal dismissal. On appeal to the National Labor Relations Commission (NLRC), the NLRC initially reversed on August 22, 2006, declaring respondent illegally dismissed and ordering full backwages and separation pay; upon petitioners’ motion for reconsideration the NLRC rescinded that ruling and, on November 29, 2006, affirmed the LA’s dismissal of the complaint; a subsequent NLRC resolution denied respondent’s motion for reconsideration on February 28, 2007.
Respondent filed a petition for certiorari with the CA (CA‑G.R. SP No. 99055). The CA, in its July 2, 2012 Decision, granted responde...(Subscriber-Only)
Issues:
- Was respondent Mary Grace U. De Leon constructively dismissed from her employment?
- If so, are the remedies awarded by the Court of Appeals — full backwages and separation pay — proper, and how should they be computed and paid (inclu...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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