Case Digest (G.R. No. 88011)
Facts:
Great Pacific Life Assurance Corporation v. National Labor Relations Commission and Rosa Allado, G.R. No. 88011, July 30, 1990, Supreme Court First Division, Medialdea, J., writing for the Court.Petitioner Great Pacific Life Assurance Corporation (GREPALIFE) employed private respondent Rosa Allado beginning in January 1969, promoted her to Regional Cashier after three months, and transferred her with the regional office to Baguio in 1971. Allado remained in GREPALIFE’s service at Baguio until May 25, 1984, earning P2,230.00 monthly at separation.
On April 4, 1984, GREPALIFE’s Assistant Vice President issued an inter-office memorandum directing implementation of management’s decision to transfer Allado to the company’s head office in Metro Manila to fill a vacancy in the IL Accounting Department—Premium Section, replacing an employee who resigned. The stated reason was to reduce expenses at the Baguio office by having the Regional Administrator assume the Regional Cashier functions; Allado’s item was therefore abolished. Human Resources informed Allado of the transfer, offered relocation expense (initially P1,000, later increased to P1,500), advised there would be no demotion in pay, and gave her until May 16, 1984 to report or face termination.
Allado petitioned management for reconsideration, emphasizing dependents and financial inability to relocate; GREPALIFE’s president denied reconsideration but reiterated that the only suitable vacancy was the Manila post and promised priority for any future regional cashier vacancy. After unsuccessful personal appeals at the head office, Allado delivered a resignation letter dated May 15, 1984, effective May 25, 1984, signed a quitclaim and release in favor of GREPALIFE, and received gratuity pay and benefits.
On November 29, 1984 Allado filed a complaint for illegal dismissal with the Sub‑Regional Arbitration Branch of the NLRC (NLRC Case No. RAB‑I‑0307‑84), alleging that her transfer was a device to force her out—that the new post was two grades lower and that GREPALIFE’s attorney advised her to resign with an assurance he would “work it out” for separation pay. GREPALIFE maintained her resignation was voluntary and invoked the quitclaim.
The Labor Arbiter, in a July 28, 1986 decision, found Allado was constructively dismissed, ordered reinstatement without loss of seniority and awarded backwages for one year minus amounts already received. The Arbiter concluded the transfer would cause financial dislocation and that Allado was effectively coerced into resigning.
On appeal, the National Labor Relations Commission (NLRC), in a decision promulgated January 18, 1989 (with order dated February 28, 1989), affirmed the Labor Arbiter’s finding of constructive dismissal but modified the relief: it ordered full backwages from Ma...(Subscriber-Only)
Issues:
- Was the petition for certiorari filed within a reasonable time after the NLRC’s denial of reconsideration?
- Did GREPALIFE constructively dismiss or force Rosa Allado to resign, or was her resignation voluntary?
- If there was no illegal dismissal, is Allado nevertheless entitled to separation...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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