Facts:

• Fortuny Garments/Johnny Co is the petitioner
• Elena J. Castro is the respondent
• Elena was employed as a sewer by Fortuny Garments Corporation in 1985
• On December 16, 1996, Elena's daughter gave birth and she went on leave of absence
• When she reported back to work on December 23, 1996, she was told by Elsa Co, co-manager of the company and wife of petitioner, that she was already dismissed
• Elena filed a complaint against the corporation and Johnny Co for illegal dismissal and payment of monetary benefits

Issue:

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Ruling:

• The Court ruled in favor of Elena and held that she was illegally dismissed
• The Court noted that the petitioner introduced a cash voucher as evidence of Elena's voluntary resignation, but the respondent specifically denied the authenticity and due execution of the document
• The Court also considered the petitioner's own documentary evidence, which showed that Elena reported for work and received her salary/wages up to December 21, 1996, indicating that she was still an employee of the petitioner at that time
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Ratio:

• Resignation is the voluntary act of an employee who believes that personal reasons cannot be sacrificed in favor of the exigency of the service and has no other choice but to dissociate from employment
• Resignation must be a formal pronouncement or relinquishment of an office, made with the intention of relinquishing the office accompanied by the act of relinquishment
• The intention to relinquish an office must concur with the overt act of relinquishment
• If an employer introduces evidence of vo...continue reading