Case Summary (G.R. No. 149974)
Background of Employment
Aguinaldo began his employment with PISAC as a security guard on April 11, 1988, later being promoted to Branch Head Guard at the Far East Bank & Trust Company (FEBTC) Santiago City Branch. His tenure was marked by a complaint involving a breach of company policy on November 13, 1998, when he was found without proper headgear and smoking while on duty. Aguinaldo's explanation for this incident was documented in a Memorandum dated November 14, 1998, following which the employer initiated an investigation.
Reassignment and Complaints
On November 23, 1998, PISAC directed Aguinaldo to report to the FEBTC main office in Malabon City for further inquiry, followed by a Relief Order on November 24, switching him from his post in Santiago City. Subsequently, Aguinaldo was temporarily reassigned while awaiting the opening of another security branch in Santiago City. This prompted Aguinaldo to file a complaint with the Office of the Labor Arbiter for illegal dismissal and non-payment of separation pay.
Labor Arbiter Decision and NLRC Appeal
On November 3, 1999, the Executive Labor Arbiter dismissed Aguinaldo’s complaint, which was subsequently reversed by the National Labor Relations Commission (NLRC) on March 29, 2000. The NLRC determined that Aguinaldo's reassignment lacked legal standing, equating it to an indefinite suspension, hence ruling in Aguinaldo's favor.
Motion for Reconsideration and NLRC Reinstatement
In an unexpected turn, PISAC's motion for reconsideration was granted on August 29, 2000, reinstating the Labor Arbiter’s original decision that had dismissed Aguinaldo's case. Aguinaldo's subsequent motion for reconsideration was denied by the NLRC, leading him to seek relief from the Court of Appeals.
Court of Appeals Ruling and Findings
On May 31, 2001, the Court of Appeals ruled in favor of Aguinaldo, emphasizing that his reassignment constituted constructive dismissal. The decision highlighted that the reassignment to a position that was not yet operational hindered Aguinaldo’s continued employment, reflecting potential demotion and inconvenience.
Issues on Petition and Management Prerogative
The primary issue tendered by PISAC was the nature of Aguinaldo’s reassignment and its legality. The petitioner argued that the reassignment was a valid management prerogative and merely temporary. However, Aguinaldo and the Solicitor General contended that the nature of his reassignment was unjustifiably oppressive and indicative of constructive dismissal, as dictated by precedent.
Burden of Proof and Final Ruling
The burden of proof lay with PISAC to demonstrate that the reassignmen
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Case Citation
- G.R. No. 149974
- Date of Decision: June 15, 2005
- Third Division of the Supreme Court of the Philippines
Parties Involved
- Petitioner: Philippine Industrial Security Agency Corporation (PISAC)
- Respondent: Percival Aguinaldo
Procedural History
- This case involves a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, challenging the Decision of the Court of Appeals dated May 31, 2001, and its Resolution dated September 11, 2001, in CA-G.R. No. 62704.
- The respondent initially filed a complaint for illegal dismissal and non-payment of separation pay with damages against the petitioner.
Factual Background
Employment History:
- Respondent Aguinaldo was hired by PISAC on April 11, 1988, as a security guard and was later promoted to Branch Head Guard in 1993.
Incident Leading to Complaint:
- On November 13, 1998, Aguinaldo was found without his headgear and smoking while on duty by Ms. Remy Tumamao, a roving personnel.
- Aguinaldo explained in a memorandum that he was not wearing his perching cap due to wet hair and had to respond to an emergency call regarding the armored vehicle's mechanical troubles.
Petitioner's Actions:
- Following the incident, the petitioner directed Aguinaldo to report for investigation and issued a Relief Order on November 24, 1998, effectively relieving him from his post and assigning him to the head office pending reassignment to a new branch.
- A request from the branch head to r