Case Summary (G.R. No. 45699)
Background Facts
Gerardo C. Roxas was employed as a bus driver by Baliwag Transit, Inc. (BTI) since March 24, 1998, on a commission basis. In 2012, the bus assigned to him was phased out in compliance with a government regulation, resulting in a reduction of his work assignment from a regular three-week schedule to only two weeks per month. Feeling aggrieved, Roxas filed a first complaint on June 5, 2014, alleging constructive dismissal and other claims against BTI and its owner, Joselito S. Tengco, before the National Labor Relations Commission (NLRC).
Procedural History
The NLRC dismissed Roxas’s first complaint on October 15, 2014, due to improper venue. Roxas subsequently filed a second complaint on February 16, 2015, for illegal constructive dismissal, which included the same claims as the first. The second complaint was met with retaliatory actions from BTI, leading Roxas to argue that he was constructively dismissed as he received no work assignments after filing the second complaint. BTI claimed Roxas was a disgruntled employee and denied the existence of constructive dismissal.
Labor Arbiter Ruling
In a decision dated October 30, 2015, the Labor Arbiter dismissed Roxas’s complaint with prejudice. The Arbiter concluded that Roxas had not been constructively dismissed, as evidence showed he continued to receive assignments after filing complaints. Additionally, Roxas was deemed dismissed for insubordination and other misconduct as he did not respond to management's directives regarding his complaints.
NLRC Ruling
On January 8, 2016, the NLRC affirmed the Labor Arbiter's ruling, stating that Roxas had not been subjected to unfair treatment as the reduced work assignment applied to all affected employees and that his dismissal was justified based on insubordination and abandonment. A subsequent motion for reconsideration was denied by the NLRC on February 29, 2016.
Court of Appeals Ruling
The Court of Appeals, in its decision dated November 23, 2016, upheld the NLRC's findings, determining that there was no constructive dismissal and that BTI’s reduction in work assignments was a valid exercise of management prerogative. However, it ruled that Roxas’s termination notice was insufficient and awarded him nominal damages of P30,000.00.
Issues for Resolution
The Supreme Court needed to resolve whether the Court of Appeals erred in affirming the absence of constructive dismissal and the validity of Roxas's termination.
Supreme Court Ruling
The Court found merit in Roxas's petition, stating that the grounds for concluding there was no constructive dismissal were misapplied. The systematic reduction in his work diminished his pay and benefits significantly, and was not merely an exercise of management prerogative as it affected compensation adversely without just cause. The rationale for reduced assignments, relating to a government directive, did not exemp
...continue readingCase Syllabus (G.R. No. 45699)
Background of the Case
- Petitioner Gerardo C. Roxas filed a petition for review on certiorari against respondents Baliwag Transit, Inc. and Joselito S. Tengco, challenging the Decisions and Resolutions of the Court of Appeals (CA).
- The CA affirmed with modification the Resolutions of the National Labor Relations Commission (NLRC), which ruled that Roxas was not illegally dismissed but awarded him nominal damages of P30,000.00.
Employment History
- Roxas was employed as a bus driver by BTI since March 24, 1998, and was compensated on a commission basis.
- In 2012, the bus assigned to Roxas was phased out due to LTFRB Resolution No. 2013-01, resulting in reduced work assignments from three weeks to two weeks per month.
Complaints Filed by Roxas
- On June 5, 2014, Roxas filed his first complaint for constructive dismissal, non-payment of holiday pay, and other entitlements against BTI.
- During a scheduled NLRC hearing on July 2, 2014, he received a call for a work assignment, which he could not attend due to the hearing.
- Following his absence, Roxas received a notice to explain his absence and defended that he had not intended to abandon his work.
Subsequent Actions and Dismissal
- After the first complaint was dismissed for improper venue in October 2014, Roxas filed a second complaint on February 16, 2015, for illegal constructive dismissal and related claims before RAB III.
- After filing the second complaint, Roxas received a notice from BTI charging him with indiscreet filing of labor cases, leading to his lack of work assignments.
- On July 21, 2015, he was issued a notice of termination for several alleged infraction