Title
Mercury Drug Corp., Los Banos Branch vs. National Labor Relations Commission
Case
G.R. No. 96525
Decision Date
Jun 26, 1992
Employee coerced to resign over tolerated sales scheme; Supreme Court ruled no falsification, no harm, and management's tolerance absolved employee of blame.
A

Case Summary (G.R. No. 96525)

Background Facts

Prosserpina Presidente began her employment with Mercury Drug Corporation as a Pharmacy Assistant on November 17, 1980, and was later transferred to the Los Banos Branch on May 10, 1983. The Los Banos branch struggled with sales, prompting the then-Manager, Willie Hidalgo, to implement practices that accommodated customer requests for receipts reflecting purchases made at other branches based on presentation of cash register tapes. This practice continued even after Hidalgo left the branch.

Incident of Alleged Falsification

In December 1986, Presidente issued a receipt based on a cash register tape for a regular customer, Mr. Genaro Revilleza. On February 24, 1987, she again accommodated a request from Revilleza to add items from a previous purchase made at another branch to an existing invoice, which was validated by the cashier, Remedios de Luna. Following these transactions, Mr. Sammy Carpio became the new manager and instructed employees to report suspicious activities.

Complaint and Dismissal

On March 23, 1987, Carpio summoned Presidente to the main office where she was confronted about the February 24 incident. Under pressure from management, she was induced to resign, feeling coerced and without voluntary consent. After doing so, she filed a complaint for illegal dismissal on April 23, 1987, seeking back pay, moral damages, and attorney's fees.

Labor Arbiter Ruling

The Labor Arbiter ruled on February 27, 1989, that Presidente was illegally dismissed and ordered her reinstatement with back wages, period salary, and attorney fees, dismissing other claims for lack of merit.

NLRC Resolution

The National Labor Relations Commission (NLRC) affirmed the Labor Arbiter's decision on November 29, 1990, rejecting Mercury Drug's appeal on grounds of lack of merit.

Supreme Court Analysis

Mercury Drug contended that the NLRC exhibited grave abuse of discretion by disregarding the evidence on falsification claims and failing to recognize company policies prohibiting such actions. However, the Supreme Court found that:

  1. Although Presidente had added items to the receipt, such actions did not constitute falsification as defined under Article 172 of the Revised Penal Code, since no evidence of prejudice or intent to harm was demonstrated.
  2. The scheme originated from prior management and was cond

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