Case Digest (G.R. No. 222980)
Facts:
Lourdes C. Rodriguez v. Park N Ride Inc./Vicest (Phils) Inc./Grand Leisure Corp./Sps. Vicente & Estelita B. Javier, G.R. No. 222980, March 20, 2017, Supreme Court Second Division, Leonen, J., writing for the Court.Petitioner Lourdes C. Rodriguez sued respondents Park N Ride, Inc., Vicest (Phils.) Inc., Grand Leisure Corporation and the Javier spouses for constructive illegal dismissal, unpaid service incentive leave pay and 13th month pay, moral and exemplary damages, and attorney’s fees. Rodriguez alleged she was hired in January 1984, initially as a restaurant supervisor and later reassigned to administrative and finance duties, attending to both business and household matters of the Javier spouses and handling sensitive financial and property documents for their companies and household.
Rodriguez claimed long hours (8:00 a.m.–7:00 p.m., Mondays–Saturdays, on call on Sundays), denial of leave commutation or pay, and repeated belittling by Estelita Javier that culminated in an incident on September 22, 2009 when Estelita told her, “Kung ayaw mo na ng ginagawa mo, we can manage!” Rodriguez stopped reporting to work thereafter, sent a grievance letter on September 26, 2009, and the spouses allegedly replied October 6, 2009 accepting her resignation; she filed her complaint October 7, 2009.
Respondents answered that Rodriguez voluntarily resigned, had been trusted with delicate functions and entrusted with company books and checks, and that she was emotionally sensitive and prone to “tampo.” They claimed Rodriguez failed to liquidate large cash advances (later shown to total several million pesos), that checkbooks were missing and that two checks totaling P936,000.00 had been deposited into her personal account; they demanded clearance and turnover prior to processing resignation and offered to pay 13th month differentials upon completion of clearance.
Before the labor tribunals, Labor Arbiter Antonio R. Macam, in a May 26, 2010 Decision, dismissed the Complaint for lack of merit and awarded only proportionate 13th month pay for 2009. The National Labor Relations Commission (NLRC) initially granted Rodriguez’s appeal in a May 30, 2011 Decision finding illegal dismissal and awarding back wages, separation pay and damages, but on motion for reconsideration the NLRC set aside that decision and reinstated the Labor Arbiter’s May 26, 2010 Decision; a subsequent NLRC resolution denying Rodriguez’s motion for reconsideration was dated April 20, 2012.
Rodriguez sought relief by filing a Rule 65 petition and later a Rule 45 petition for review on certiorari to the Court of Appeals. The Court of Appeals, in a December 15, 2015 Decision, set aside the NLRC’s December 15, 2011 Resolution, ruled there was no illegal dismissal (that Rodriguez voluntarily resigned), and...(Subscriber-Only)
Issues:
- Was petitioner Lourdes C. Rodriguez constructively dismissed from her employment?
- Is petitioner entitled to full service incentive leave pay for her entire period of employment and to moral and exemplary damages (and what other monetary ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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