Title
Alicia M.L. Coseteng and Diliman Preparatory School vs. Leticia P. Perez
Case
G.R. No. 185938
Decision Date
Sep 6, 2017
Teacher claimed constructive dismissal after reassignment and suspension; SC ruled resignation was voluntary, no constructive dismissal or separation pay due.
A

Case Summary (G.R. No. 161943)

Antecedent Facts

Leticia P. Perez was employed by Diliman Preparatory School in 1972, initially serving as a regular Grade III teacher and later as a Grade V teacher. In 1994, she faced allegations of mishandling subscription payments for an educational magazine, which she failed to remit, leading to a school investigation. In April 1995, she was suspended for ten working days due to negligence. After her return, incidents of suspected student cheating in her class prompted further investigations, resulting in another suspension from May 26 to June 11, 1995. Following the second suspension, Perez resigned on June 14, 1995, citing her need to accompany her father to the United States.

Procedural History

Upon resigning, Perez received her retirement benefits but later filed a complaint for separation pay in June 1998, claiming constructive dismissal. The Labor Arbiter concluded she had voluntarily resigned and was not constructively dismissed but awarded her separation pay based on the practice of the school. This decision was appealed to the National Labor Relations Commission (NLRC), which found her to be constructively dismissed, a conclusion that the Court of Appeals (CA) later upheld.

Legal Issues

The primary issues raised by the petitioners included the prescription of claims, the voluntariness of Perez's resignation, her alleged demotion or placement in floating status, the acknowledgment of separation pay practices, and the request for damages and attorney’s fees.

Ruling of the Court

The Supreme Court emphasized that factual determinations affirmed by the CA generally deserve deference but held that the perception of Perez's constructive dismissal was unfounded. The Court clarified that her resignation was voluntary, contradicting her claim of being constructively dismissed since she left her position without exhausting available options or seeking advice. The Court reinforced the concept that resignation, absent coercion, negates claims of illegal dismissal.

Findings on Job Reassignment

The Court found that Perez's reassignment did not equate to a demotion or constructive dismissal as the school had a duty to ensure sufficient teaching staff during an ongoing school term. The Court reaffirmed the employer's prerogative to dictate work assignments while clarifying that adjustments, even inconvenient ones, did not qualify as constructive dismissal.

Separation Pay and Employer Practices

The Court ruled that there was no substantiated evidence supporting Perez's claim that the School had an established practice of granting separation pay upon resignation. The isolated instance cited did not establish a consistent employer policy. Furthermore, the Court emphasized that employees facing termination for misconduct are not entitled to severance benefits unless specifically provided for by company policy or practice.

Denial of Damages and Attor

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