Title
Custodio vs. Ministry of Labor and Employment
Case
G.R. No. 64374
Decision Date
Jul 19, 1990
Employee resigned but withdrew before effective date; board deemed resignation irrevocable. SC ruled withdrawal valid, resignation ineffective, and dismissal illegal, entitling employee to reinstatement or separation pay with backwages.

Case Summary (G.R. No. 64374)

Events Leading to Resignation

Custodio's resignation letter announced a one-month vacation followed by an irrevocable resignation after serving a 30-day notice. The board of directors deferred action on his resignation in their meeting on May 8, 1981, leading to a request for him to explain his decision in a subsequent meeting on May 13, 1981. At this meeting, Custodio expressed his intention to withdraw his resignation, a claim supported by recorded minutes of the meeting.

Actions Following Resignation

Despite his verbal withdrawal, discussions regarding his resignation continued at the board meeting on May 30, 1981. It was reiterated that his resignation was irrevocable; however, Custodio had returned from his vacation and filed a complaint for illegal dismissal shortly thereafter, indicating his belief that he was still an employee.

Legal Proceedings

Custodio's complaint was filed with the Ministry of Labor and Employment (MOLE) on June 10, 1981, claiming unlawful dismissal. The investigating officer recommended his reinstatement, but this was dismissed by the Assistant Regional Director in August 1981. Despite attempts by Custodio to appeal this decision, the Deputy Minister upheld the dismissal, prompting Custodio's petition to the higher courts.

Court's Consideration of Resignation Validity

The crux of the case revolved around whether Custodio's resignation was effective or if he had successfully withdrawn it. The Solicitor General supported Custodio's position, citing acts that indicated his intention to retract his resignation, including the absence of a formal notice period and his reporting back to work.

Conclusion on Resignation's Effectiveness

The court determined that, despite the "irrevocable" label in his resignation letter, the facts indicated that both Custodio and the board treated the resignation as not yet effective due to his verbal withdrawal at the May 13 meeting. This indica

...continue reading

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.