Title
Vergara vs. ANZ Global Services and Operations Manila, Inc.
Case
G.R. No. 250205
Decision Date
Feb 17, 2021
Employee resigned, withdrew before acceptance; employer claimed resignation was final. SC ruled withdrawal valid, reinstated NLRC decision, granting separation pay.

Case Summary (G.R. No. 250205)

Antecedents

Vergara was employed by ANZ as a Risk Manager, having joined the company on November 30, 2010. He tendered his resignation effective September 6, 2016, but attempted to withdraw this resignation on September 5, 2016, after learning of the impending restructuring that would affect his role. Despite sending an email to the appropriate supervisor, he was informed on September 6 that his resignation had already been accepted. Consequently, Vergara filed a complaint for illegal dismissal and related monetary claims against the respondent, arguing that his resignation was validly retracted prior to official acceptance.

Procedural Background

The Labor Arbiter dismissed Vergara's complaint for lack of merit, ruling that his resignation was validly accepted before he retracted it. The decision, however, awarded Vergara his proportionate 13th month pay. Both parties subsequently appealed to the National Labor Relations Commission (NLRC), which modified the Labor Arbiter's ruling, asserting that Vergara had validly withdrawn his resignation prior to its acceptance, thereby finding no illegal dismissal but ordering the payment of separation pay and 13th month pay.

Court of Appeals Ruling

Dissatisfied with the NLRC's resolution, the respondent filed a petition for certiorari before the Court of Appeals. The CA reversed the NLRC's decision, reinstating the Labor Arbiter's ruling. It held that substantial evidence established that Vergara's resignation was accepted prior to the attempted retraction.

Legal Issue

The principal legal issue before the Supreme Court is whether the Court of Appeals erred in determining that Vergara's resignation was accepted by ANZ before he withdrew it.

Court’s Ruling

The Supreme Court found in favor of Vergara, ruling that the Labor Arbiter had erred in concluding that the resignation was effectively accepted. The Court noted that the process of resignation acceptance required a formal acknowledgment, which was not present in this case. It emphasized that the triggering of the Employee Leaving Advice (ELA) by Vergara's line manager did not constitute a proper acceptance of resignation under the law.

Findings on Resignation Acceptance

The Court underscored that acceptance of resignation is a requisite for its validity. Reviewing the evidence, the Court agreed with the NLRC's assessment that Vergara's resignation was ineffectual due to t

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