Case Digest (G.R. No. 202388)
Facts:
Elpidio T. Que v. Asia Brewery, Inc. and/or Michael G. Tan, G.R. No. 202388, April 10, 2019, Supreme Court Second Division, Caguioa, J., writing for the Court.Elpidio T. Que was Regional Sales Manager (RSM) for Asia Brewery, Inc. for about eight years, assigned to what became the North Luzon Region. In February 2004 Asia Brewery split the then North Central Luzon Region into two regions; Que was made RSM of the smaller North Luzon Region (three sales offices). An evaluation dated May 2, 2005 recommended reverting to the prior single-RSM structure, concluding the experimental split did not produce gains and that maintaining two RSMs increased operating costs; the report recommended retaining Mr. Jimmy Uy and abolishing Que’s RSM post as redundant.
From May to July 2005 the parties’ accounts diverge. Que says he was told he was “no longer effectual,” was pressured to submit a resignation and later denied entry to sales offices and use of his fleet card; he received a termination letter dated June 20/21, 2005 citing redundancy effective July 21, 2005. Asia Brewery says it informed Que of the redundancy plan, offered separation pay, and that Que negotiated for larger sums and even proposed a distributorship; negotiations failed and the company implemented the redundancy plan.
The Labor Arbiter found constructive dismissal, credited Que’s narrative of pressure and exclusion, and awarded backwages, separation pay and other monetary relief totaling over P3.2 million. The National Labor Relations Commission (NLRC) reversed in part and held the termination valid for redundancy under Article 298 (Art. 283) of the Labor Code, deleting backwages and damage awards but affirming separation pay and related sums (total ~P1.65 million). The Court of Appeals (CA) in CA-G.R. SP No. 113493 affirmed the NLRC, finding substantial evidence supported the redundancy deter...(Pro-only)
Issues:
- Did the Court of Appeals abuse its discretion, amounting to lack or excess of jurisdiction, when it affirmed the NLRC’s finding that Asia Brewery did not illegally terminate Elpidio T. Que on the ground...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)