G.R. No. 188711 - Tan Brothers Corp. of Basilan City vs. Escudero

In July 1991, Edna R. Escudero was hired as a bookkeeper by Tan Brothers Corporation of Basilan City, a real estate business.
On 1 September 2004, Escudero filed a complaint before the NLRC for illegal dismissal, underpayment of wages, cost of living allowance, and 13th month pay.

Starting July 2003, her monthly salary of P2,500.00 was not paid on time.
After the office was remodeled in early 2004, Tan Brothers rented out her office and ceased assigning her work.
Forced by financial difficulties, she stopped reporting to work and claimed that Tan Brothers maneuvered her illegal dismissal.

Tan Brothers claimed Escudero was paid a daily wage of P155.00.
Alleged Escudero abandoned her employment in July 2003 when she stopped reporting for work.
Accused Escudero of taking corporate payrolls, vouchers, and an Olivetti typewriter worth P15,000.00 without consent.
Reported the alleged theft to barangay authorities only on 6 September 2004.
Submitted remaining vouchers and payrolls (1997-2000) and a DOLE inspection report clearing it of labor law violations.

Found Tan Brothers guilty of constructive dismissal.
Rejected claim of abandonment and theft as without merit or actionable in labor tribunal.
Awarded Escudero P48,508.80 separation pay and P68,720.80 backwages, totaling P117,229.60.

NLRC affirmed the Labor Arbiter’s decision (30 November 2005), confirming constructive dismissal and rejecting abandonment defense.
NLRC denied motion for reconsideration (31 January 2006).
Tan Brothers filed a Rule 65 certiorari petition with the Court of Appeals alleging grave abuse of discretion for not recognizing abandonment.
CA denied the petition (16 February 2009), ruling that mere failure to report to work is insufficient for abandonment absent intent to sever employment.
CA rejected theft claim due to lack of proof that Escudero was confronted and given opportunity to defend.
Tan Brothers’ motion for reconsideration was denied (26 June 2009).

Tan Brothers argued Escudero abandoned work in July 2003, demonstrated by her prolonged absence and alleged theft.
Argued that filing of illegal dismissal complaint over a year later does not negate abandonment.
Contended that awards of backwages and separation pay lack legal basis.

Whether Escudero abandoned her employment and if such abandonment constitutes a valid defense against illegal dismissal.
Whether the filing of an illegal dismissal complaint negates the defense of abandonment.
Whether Tan Brothers’ claims of unauthorized appropriation of corporate property by Escudero constitute just cause for dismissal.
Whether the awards of backwages and separation pay were proper.