ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
December-2018 Jurisprudence                 

  • G.R. No. 227033, December 03, 2018 - REYNALDO E. ORLINA, Petitioner, v. CYNTHIA VENTURA, REPRESENTED BY HER SONS ELVIC JHON HERRERA AND ERIC VON HERRERA, Respondents.

  • G.R. No. 221505, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Petitioner, v. RANDOLPH S. TING AND SALVACION I. GARCIA, Respondents.

  • G.R. No. 226836, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BONG CHAN AND ELMO CHAN, Accused-Appellants.

  • G.R. No. 225780, December 03, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JAYSON TORIO Y PARAGAS @ "BABALU," Accused-Appellant.

  • G.R. No. 212735, December 05, 2018 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. NEGROS CONSOLIDATED FARMERS MULTI-PURPOSE COOPERATIVE, Respondent.

  • G.R. No. 214667, December 03, 2018 - LINGNAM RESTAURANT, Petitioner, v. SKILLS & TALENT EMPLOYMENT POOL, INC., AND JESSIE COLASTE, Respondents.

  • G.R. No. 211525, December 10, 2018 - JUDE DARRY A. DEL RIO, Petitioner, v. DPO PHILIPPINES, INC., DANIEL PANS AND GRACE LUCERO, Respondents.

  • G.R. No. 195297, December 05, 2018 - COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. ILOILO COCA-COLA PLANT EMPLOYEES LABOR UNION (ICCPELU), AS REPRESENTED BY WILFREDO L. AGUIRRE, Respondent.

  • A.C. No. 7088, December 04, 2018 - ATTY. HERMINIO HARRY L. ROQUE, JR., Complainant, v. . ATTY. RIZAL P. BALBIN, Respondent.

  • G.R. No. 200553, December 10, 2018 - SPOUSES GILDARDO C. LOQUELLANO AND ROSALINA JULIET B. LOQUELLANO, Petitioners, v. HONGKONG AND SHANGHAI BANKING CORPORATION, LTD., HONGKONG AND SHANGHAI BANKING CORPORATION-STAFF RETIREMENT PLAN AND MANUEL ESTACION, Respondents.

  • G.R. No. 236461, December 05, 2018 - REYNALDO ARBAS RECTO, Petitioner, v. THE PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 225747, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JEFFERSON MEDINA Y CRUZ, Accused-Appellant.

  • G.R. No. 225741, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BRANDON DELA CRUZ AND JAMES FRANCIS BAUTISTA, Accused-Appellants.

  • G.R. No. 227021, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHRISTOPHER ILAGAN Y BAÑA ALIAS "WENG", Accused-Appellant.

  • G.R. No. 233135, December 05, 2018 - B.E. SAN DIEGO, INC., Petitioner, v. MANUEL A.S. BERNARDO, Respondent.

  • G.R. No. 212416, December 05, 2018 - ROEL R. DEGAMO, Petitioner, v. OFFICE OF THE OMBUDSMAN AND MARIO L. RELAMPAGOS, Respondents.

  • G.R. Nos. 232197-98, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Petitioner, v. HONORABLE SANDIGANBAYAN [FOURTH DIVISION], ALEJANDRO E. GAMOS, AND ROSALYN G. GILE, Respondents.

  • G.R. Nos. 237938 and 237944-45, December 04, 2018 - BAYANI F. FERNANDO, Petitioner, v. THE COMMISSION ON AUDIT, Respondent.

  • G.R. No. 233747, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NILA MALANA Y SAMBOLLEDO, Accused-Appellant.

  • G.R. No. 235572, December 05, 2018 - EDWIN H. BARROGA,* Petitioner, v. QUEZON COLLEGES OF THE NORTH AND/OR MA. CRISTINA A. ALONZO AND IRMA SEGUNDA A. BELTRAN, Respondents.

  • G.R. No. 234151, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CESAR DELA CRUZ Y LIBONAO ALIAS SESI OF ZONE 3, MACANAYA, APARRI, CAGAYAN, Accused-Appellant.

  • G.R. No. 207433, December 05, 2018 - DR. FE LASAM, Petitioner, v. PHILIPPINE NATIONAL BANK AND HON. PRESIDING JUDGE OF REGIONAL TRIAL COURT, BRANCH 66, SAN FERNANDO CITY, LA UNION, Respondents.

  • A.M. No. P-18-3882 (Formerly OCA IPI No.13-4207-P), December 04, 2018 - PUBLIC ASSISTANCE AND CORRUPTION PREVENTION OFFICE, BY ATTY. JOCELYN Y. DACUMOS, Complainant, v. SOCIAL WELFARE OFFICER II CAROLINA A. PAUMIG, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, TAGBILARAN CITY, Respondent.

  • G.R. No. 196892, December 05, 2018 - NAREDICO, INC., Petitioner, v. KROMINCO, INC., Respondent.

  • G.R. No. 210789, December 03, 2018 - ROBERTO C. MARTIRES, Petitioner, v. HEIRS OF AVELINA SOMERA, Respondents.

  • G.R. No. 224163, December 04, 2018 - MARIO M. GERONIMO, DOING BUSINESS UNDER THE NAME AND STYLE OF KABUKIRAN GARDEN, Petitioner, v. COMMISSION ON AUDIT, AND THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, REPRESENTED BY SECRETARY ROGELIO L. SINGSON, Respondents.

  • G.R. No. 226991, December 10, 2018 - ERLINDA ESCOLANO Y IGNACIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 210920, December 10, 2018 - MARTINIANO "MARTIN" B. SALDUA A.K.A. MARLON SALDUA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. Nos. 213365-66, December 10, 2018 - ASIA PACIFIC RESOURCES INTERNATIONAL HOLDINGS, LTD., Petitioner, v. PAPERONE, INC., Respondent.

  • G.R. No. 238112, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANDRES TALIB-OG Y TUGANAN, Accused-Appellant.

  • G.R. No. 230687, December 05, 2018 - ERLINDA S. IGOT, Petitioner, v. PIO VALENZONA, FRANCISCO VALENZONA NUÑEZ, KATHERINE VALENZONA RAMIREZ, ALL REPRESENTED BY ARTURO VALENZONA THROUGH POWERS OF ATTORNEY, AND SPS. ARTURO AND AIDA VALENZONA, Respondents.

  • G.R. No. 203185, December 05, 2018 - SUPERIOR MAINTENANCE SERVICES, INC., AND MR. GUSTAVO TAMBUNTING, Petitioners, v. CARLOS BERMEO, Respondent.

  • G.R. No. 225862, December 05, 2018 - OLIVER V. VERGARA, Petitioner, v. CDM SECURITY AGENCY, INC. AND VILMA PABLO, Respondents.

  • G.R. No. 239137, December 05, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CEZAR CORTEZ AND FROILAN BAGAYAWA, ACCUSED, CEZAR CORTEZ, Accused-Appellant.

  • G.R. No. 212734, December 05, 2018 - MABUHAY HOLDINGS CORPORATION, Petitioner, v. SEMBCORP LOGISTICS LIMITED, Respondent.

  • A.C. No. 12296, December 04, 2018 - PIA MARIE B. GO, Complainant, v. . ATTY. GRACE C. BURI, Respondent.

  • G.R. No. 211204, December 10, 2018 - GOLDSTAR RIVERMOUNT, INC., Petitioner, v. ADVENT CAPITAL AND FINANCE CORP., (FORMERLY ALL ASIA CAPITAL AND TRUST CORP.), Respondent.

  • G.R. No. 220721, December 10, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NADY MAGALLANO, JR. Y FLORES AND ROMEO TAPAR Y CASTRO, Accused-Appellants.

  • A.M. No. 15-05-136-RTC, December 04, 2018 - IN RE: SPECIAL REPORT ON THE ARREST OF ROGELIO M. SALAZAR, JR., SHERIFF IV, REGIONAL TRIAL COURT-OFFICE OF THE CLERK OF COURT, BOAC, MARINDUQUE, FOR VIOLATION OF REPUBLIC ACT NO. 9165; A.M. NO. P-16-3450 (FORMERLY A.M. No. 15-12-379-RTC) - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ROGELIO M. SALAZAR, JR., SHERIFF IV, REGIONAL TRIAL COURT-OFFICE OF THE CLERK OF COURT, BOAC, MARINDUQUE, Respondent.

  • G.R. No. 223395, December 04, 2018 - RENATO V. PERALTA, Petitioner, v. PHILIPPINE POSTAL CORPORATION (PHILPOST), REPRESENTED BY MA. JOSEFINA MDELACRUZ IN HER CAPACITY AS POSTMASTER GENERAL AND CHIEF EXECUTIVE OFFICER, THE BOARD OF DIRECTORS OF PHILPOST, REPRESENTED BY ITS CHAIRMAN CESAR N. SARINO, Respondents.

  • G.R. No. 215999, December 17, 2018 - SPS. FELIX A. CHUA AND CARMEN L. CHUA; JAMES B. HERRERA; EDUARDO L. ALMENDRAS; MILA NG ROXAS; EUGENE C. LEE; EDICER H. ALMENDRAS; BENEDICT C. LEE; LOURDES C. NG; AND LUCENA INDUSTRIAL CORPORATION, LUCENA GRAND CENTRAL TERMINAL, INC., REPRESENTED BY FELIX A. CHUA, Petitioners, v. UNITED COCONUT PLANTERS BANK; ASSET POOL A (SPV­AMC); REVERE REALTY AND DEVELOPMENT CORPORATION; JOSE C. GO; AND THE REGISTRAR OF DEEDS OF LUCENA CITY, Respondents.

  • G.R. No. 229071, December 10, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EANNA O'COCHLAIN, Accused-Appellant.

  • G.R. No. 170867, December 04, 2018 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY RAPHAEL P.M. LOTILLA, SECRETARY, DEPARTMENT OF ENERGY (DOE), MARGARITO B. TEVES, SECRETARY, DEPARTMENT OF FINANCE (DOF), AND ROMULO L. NERI, SECRETARY, DEPARTMENT OF BUDGET AND MANAGEMENT (DBM), Petitioners, v. PROVINCIAL GOVERNMENT OF PALAWAN, REPRESENTED BY GOVERNOR ABRAHAM KAHLIL B. MITRA, Respondent.; G.R. No. 185941, December 04, 2018 - BISHOP PEDRO DULAY ARIGO, CESAR N. SARINO, DR. JOSE ANTONIO N. SOCRATES, PROF. H. HARRY L. ROQUE, JR., Petitioners, v. HON. EXECUTIVE SECRETARY EDUARDO R. ERMITA, HON. ENERGY SECRETARY ANGELO T. REYES, HON. FINANCE SECRETARY MARGARITO B. TEVES, HON. BUDGET AND MANAGEMENT SECRETARY ROLANDO D. ANDAYA, JR., HON. PALAWAN GOVERNOR JOEL T. REYES, HON. REPRESENTATIVE ANTONIO C. ALVAREZ (1ST DISTRICT), HON. REPRESENTATIVE ABRAHAM MITRA (2ND DISTRICT), RAFAEL E. DEL PILAR, PRESIDENT AND CEO, PNOC EXPLORATION CORPORATION, Respondents.

  • G.R. No. 210816, December 10, 2018 - PEOPLE OF THE PHILIPPINES, Petitioner, v. EDGAR S. GO, Respondent.; G.R. No. 210854, December 10, 2018 - PURITA HIBE, JONATHAN A. TESSLER, CAROL T. MEJIAS, HEIDE V. LAUREL, NISSAN V. LAUREL, ESTELA LAUREL­GELI, KATHERINE DELA CRUZ­ LAUREL, ARLENE OLANG, SARLINA SEPE, ALLAN CARONO-O, EPHRAIM OSORIO, JUARINA R. CRUZ, NESHAMIE PAGLINAWAN, JOSEPHINE PADUA, VICENTA R. CHUA, ILLUMINADA TIMAJO, LILYBETH CUNANAN, ELORDE ILUSTRISIMO, BOB ILLUT, ERNESTO B. CLARIN, ROQUE LABAD, EVELYN BAJIT,* LARINA L. MATRIZ, BENITO S. ESPINA, MARLYN T. HIBE, CELERNA M. CALAYAG, NELLY T. LOPEZ, AND SONIA O. MANZANILLA, VS. EDGAR S. GO, Respondent.

  • G.R. No. 202534, December 08, 2018 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SEMIRARA MINING CORPORATION, Respondent.

  • G.R. No. 203608 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, PETITIONER, v. THE HEIRS OF SPOUSES FLAVIANO S. MAGLASANG AND SALUD ADAZA MAGLASANG, RESPONDENTS.

  • G.R. No. 235956 - ARJAY GUTIERREZ Y CONSUELO @ "RJ", PETITIONER, v. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • G.R. No. 235348, December 10, 2018 - PEOPLE OF THE PHILIPPINES, Petitioner, v. STANLEY MADERAZO Y ROMERO, Respondent.

  •  





     
     

    G.R. No. 211525, December 10, 2018 - JUDE DARRY A. DEL RIO, Petitioner, v. DPO PHILIPPINES, INC., DANIEL PANS AND GRACE LUCERO, Respondents.

      G.R. No. 211525, December 10, 2018 - JUDE DARRY A. DEL RIO, Petitioner, v. DPO PHILIPPINES, INC., DANIEL PANS AND GRACE LUCERO, Respondents.

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    G.R. No. 211525, December 10, 2018

    JUDE DARRY A. DEL RIO, Petitioner, v. DPO PHILIPPINES, INC., DANIEL PANS AND GRACE LUCERO, Respondents.

    D E C I S I O N

    J. REYES, JR., J.:

    The Case

    Assailed in this Petition for Review on Certiorari1 are the Decision2 dated November 6, 2013 and the Resolution3 dated February 7, 2014 of the Court of Appeals-Cebu City (CA), in CA-G.R. CEB-SP No. 05921 which affirmed with modification the Decision dated January 26, 2011 and the Resolution dated March 31, 2011 of the National Labor Relations Commission (NLRC), in NLRC Case No. VAC-09-000523-2010, by deleting the award of separation pay to petitioner Jude Darry del Rio (Del Rio).

    The Facts

    Petitioner Del Rio is an employee of respondent DPO Philippines, Inc. (DPO) which is a Belgian multi-national food distribution company. He was tasked to set up the operations in Cebu to cover Visayas and Mindanao.4 Respondent DPO succeeded with its business operations in Cebu and thereafter, petitioner was able to establish respondent's office in Davao.5

    On September 7, 2009, petitioner submitted his notice of resignation6 which would take effect on October 7, 2009. At the time of his resignation, he was holding the position of Assistant Country Manager.7 In a letter8 dated September 14, 2009, respondent DPO accepted petitioner's resignation. On October 11, 2009, respondent DPO published in a newspaper9 that petitioner has resigned from DPO Philippines, Inc. effective October 7, 2009.

    Petitioner realized that after October 7, 2009, he was not yet paid of his salary for the period of September 16, 2009 to October 7, 2009.10 Petitioner sought from respondent DPO payments of his unpaid salaries, accrued leave credits and separation pay, but all of these were denied.11

    Aggrieved, petitioner, on October 9, 2009, filed a complaint with the Regional Arbitration Branch of the NLRC in Cebu City for recovery of his monetary claims.

    Respondents, for their part, averred that after petitioner resigned, they came to know that in the last part of his employment, he was engaged in activities in direct competition with the business of respondent DPO, which is a violation of the non-competition clause of his contract of employment. On or about August 28, 2009, which was 10 days prior to the date of his resignation letter, petitioner was able to secure from the Securities and Exchange Commission (SEC) the registration of a corporation named Judphilan Foods which has the same primary purpose as that of respondent DPO.

    Respondent DPO was unhappy and disappointed with petitioner's act of disloyalty and betrayal but it still offered petitioner the amount of P110,692.75 inclusive of his salary from September 16-30, 2009 and October 1-6, 2009; 13th month pay; tax refund; and commissions for August and September 2009. Petitioner refused what was offered to him insisting that aside from what respondent DPO offered, he is also entitled to separation pay and cash conversion of his leave credits.

    Respondent DPO asserted that petitioner is not entitled to conversion of unused leave credits from 2006 to 2008 because the same had been forfeited in accordance with the company policy. While his unused leave credits for 2009 was applied as terminal leave after he tendered his resignation. Respondent DPO also asserted that petitioner is not entitled to separation pay because he was the one who voluntarily resigned.

    Ruling of the Labor Arbiter

    In a Decision dated June 25, 2010, the Labor Arbiter ruled in favor of petitioner, thus:
    WHEREFORE, premises considered, judgment is hereby rendered declaring that respondent DPO Philippines, Inc. should pay complainant Jude Darry Del Rio the following:

    1. Salary (Sept. 16-30, 2009)
    ......
    P110,692.75
     
      Salary (Oct. 1-6, 2009)


     
      13th Month Pay


     
      Tax refund


     
      Commission - Aug. 2009


     
      Commission - Sept. 2009


     
       


     
    2. Separation Pay
    ......
    409,500.00
     
       

    --------------
     
      Total
    ......
    P520,192.75
     

    SO ORDERED.12
    Respondent DPO filed an appeal with the NLRC.

    Ruling of the NLRC

    In its January 26, 2011 Decision, the NLRC denied the appeal and affirmed in toto the Decision of the Labor Arbiter. Private respondent DPO moved for reconsideration of the NLRC Decision, but it was denied by the NLRC in its Resolution dated March 31, 2011.

    Imputing grave abuse to the NLRC, respondent DPO filed a petition for certiorari with the CA questioning the award of separation pay despite the glaring fact that petitioner voluntarily resigned. Respondent DPO argued that there was no evidence of an established company practice or policy for the payment of separation pay to voluntarily resigning employees. The payment of separation pay to Michael Legaspi (Legaspi) and Felinio Martinez (Martinez) (resigned DPO employees) did not create company practice. But even if it created company practice, petitioner could not claim any right thereunder because at the time it was supposedly established, petitioner was no longer connected with respondent DPO.

    Ruling of the CA

    In the now assailed Decision dated November 6, 2013, the CA affirmed with modification the Decision of the NLRC by deleting the award of separation pay, ratiocinating that an employee who voluntarily resigns from his employment is not entitled to separation pay unless otherwise stipulated in the employment contract, or in the Collective Bargaining Agreement (CBA), or sanctioned by established employer practice or policy. The mentioned exceptions do not obtain in the instant case.

    Petitioner filed a Motion for Reconsideration,13 but the same was denied by the CA in another assailed Resolution dated February 7, 2014.

    Hence, this petition.

    Issue

    The central issue in this case is whether or not the CA is correct in deleting the award of separation pay in favor of petitioner.

    Petitioner faulted the CA for considering respondents' arguments which they raised for the first time on appeal, to wit:
    a)
    That the giving of separation pay to resigned employees is not a company practice but merely a means by which to encourage them to resign considering that they connived with and helped petitioner with his objective of running down the business of respondent so that he may easily succeed with the operations of his competing business; and,


    b)
    That the resignation of Legaspi and Martinez happened on October 15, 2009 after petitioner was already separated from employment on October 7, 2009.
    Petitioner opined that the Labor Arbiter and the NLRC had already made factual findings relying mainly on the issues and evidence presented before it. Since their findings are entitled to respect and finality, it is error for the CA to disturb them on appeal by considering the issues introduced by respondents for the first time on appeal.

    Ruling of this Court

    Contrary to petitioner's assertion, the above-mentioned arguments were timely raised by respondents in their pleadings with the Labor Arbiter and with the NLRC, as follows:
    1. Reply to Petitioner's Position Paper filed before the Labor Arbiter;14

    2. Verified Memorandum of Appeal filed before the NLRC;15 and

    3. Motion for Reconsideration with the NLRC.16
    In fact, the said arguments were repeatedly raised by respondents with the labor tribunals to counter petitioner's firm position that payment of separation pay to resigned employees is a company practice.

    In their Reply to petitioner's Position Paper, respondents explained that the separation pay was given to Legaspi and Martinez in exchange for their resignation in order to spare the company of the pain of having to terminate them.17 Respondent DPO explained that it knows of the disloyalty of Martinez and Legaspi and their connivance with petitioner, but rather than terminating them, respondent asked them to tender their resignation with a promise of a separation pay.

    In their Verified Memorandum of Appeal, respondents explained that the separation pay given to Legaspi and Martinez was not strictly separation pay, but in consideration of their resignation, more of a gift, an act of generosity because Legaspi and Martinez's resignation was more of a favor to the company as it was spared of going through litigation if it would terminate the employees.18 In other words, Legaspi and Martinez were given the said pay because they were forced to resign.

    In their Motion for Reconsideration, respondents maintained that the payments to Legaspi and Martinez were made after their resignations were tendered and accepted, or two months thereafter.19 Hence, there can be no company policy or practice to speak of. In the said motion, respondents likewise averred that even assuming that by doing so, it became a company practice, it was created after the resignation of petitioner. Verily, petitioner cannot avail of it, because at the time it became a practice, he was already resigned.20

    Even if these arguments were not considered by the NLRC and the Labor Arbiter in their Decisions, this does not preclude the CA from considering them, especially if they were raised and became part of the records.

    It is a well-settled rule that the NLRC's factual findings, if supported by substantia] evidence, are entitled to great respect and even finality, unless it was shown that it simply and arbitrarily disregarded evidence before it or had misapprehended evidence to such an extent as to compel a contrary conclusion if such evidence had been properly appreciated.21 The CA, therefore, may review the factual findings of the NLRC and reverse its ruling if it finds that the NLRC disregarded and misappreciated the evidence extant on records.

    In the same manner, factual findings of the CA are generally not subject to this Court's review under Rule 45. However, the general rule on the conclusiveness of the factual findings of the CA is also subject to well­ recognized exceptions such as, where the CA's findings of facts contradict those of the lower court, or the administrative bodies, as in this case.22 Since their findings are at variance, we are compelled to review factual questions and make a further calibration of the evidence at hand.

    There is no dispute that petitioner resigned from his employment. This fact is established by the letter of resignation23 dated September 7, 2009 sent by petitioner to respondents and was even admitted by the latter.

    Suffice it to say, an employee who voluntarily resigns from employment is not entitled to separation pay, except when it is stipulated in the employment contract or the CBA, or it is sanctioned by established employer practice or policy.24 The cited exceptions do not obtain in this case. As correctly found by the CA, there was no employment contract, much less a CBA, which contained the stipulation that would grant separation pay to resigning employees. Neither was there a company practice or policy that was proven to exist in the instant case.

    In his attempt to prove that there was a company practice of giving separation pay to resigning employees, petitioner presented the payslips of Martinez and Legaspi showing that they received separation pay after they resigned. We are not convinced.

    To be considered a company practice, the giving of the benefits should have been done over a long period of time, and must be shown to have been consistent and deliberate.25 As records would show, the giving of the monetary benefit by respondents in favor of Legaspi and Martinez is merely an isolated instance. From the beginning of respondents' business and up until petitioner's resignation took effect on October 7, 2009, there was no showing that payments of such benefit had been made by respondents to their employees who voluntarily resigned. The first and only instance when such a benefit was given to resigned employees was on or after November 15, 2009 - not because it was a company practice but only to pave the way for Legaspi and Martinez's graceful exit, so to speak.

    As explained by respondents, the said benefit was not intended as a separation pay but more of a promise or an assurance to Legaspi and Martinez that they would be paid a benefit if they tender their resignation. Given respondents' knowledge of Legaspi and Martinez's acts of disloyalty and betrayal of trust, respondents opted to give them an alternative way of exit, in lieu of termination. Respondents' decision to give Legaspi and Martinez a graceful exit is perfectly within their prerogative. It is settled that there is nothing reprehensible or illegal when the employer grants the employee a chance to resign and save face rather than smear the latter's employment record.26

    Relying on respondents' assurance, Legaspi and Martinez tendered their resignation and it is incumbent upon respondents to make good of their promise. As held in Alfaro v. Court of Appeals,27 an employer who agrees to expend such benefit as an incident of the resignation should not be allowed to renege in the performance of such commitment. And true enough, after Legaspi and Martinez resigned, they were paid the promised benefit.

    This was not the case for petitioner. There was no promise given to him. Rather, petitioner resigned on his own volition. Respondents did not make any commitment to petitioner that he would be paid after his voluntary resignation.

    Based on the foregoing, it becomes all too apparent that the CA committed no reversible error in issuing the assailed decision and ruling that petitioner voluntarily resigned from his employment. Thus, the granting of separation pay in his favor has no basis in law and jurisprudence, and must be deleted.

    WHEREFORE, premises considered, the instant petition is DENIED. Accordingly, the Decision dated November 6, 2013 and the Resolution dated February 7, 2014 of the Court of Appeals-Cebu City in CA-G.R. CEB-SP No. 05921, are hereby AFFIRMED.

    SO ORDERED.

    Peralta, (Chairperson), Leonen, Caguioa,* and Gesmundo, JJ., concur.



    January 23, 2019

    NOTICE OF JUDGMENT

    Sirs / Mesdames:

    Please take notice that on December 10, 2018 a Decision, copy attached hereto, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on January 23, 2019 at 11:30 a.m.


    Very truly yours,



    (SGD)

    WILFREDO V. LAPITAN
    Division Clerk of Court

    Endnotes:


    * Designated as additional member per Raffle dated December 5, 2018 in lieu of Justice Ramon Paul L. Hernando, who penned the Decision in the Court of Appeals.

    1Rollo, pp. 8-23.

    2 Penned by then Court of Appeals Associate Justice Ramon Paul L. Hernando (now a member of the Court), with Associate Justices Carmelita Salandanan-Manahan and Ma. Luisa C. Quijano-Padilla, concurring; id. at 24-36.

    3 Id. at 37-39.

    4 Id. at 25.

    5 Id.

    6 Id. at 40.

    7 Id. at 27.

    8 Id. at 40-A.

    9 Id. at 40-E.

    10 Id. at 12.

    11 Id. at 13.

    12 Id. at 28.

    13 Id. at 64-70.

    14 Id. at 102-105.

    15 Id. at 118-121.

    16 Id. at 129-132.

    17 Id. at 103-104.

    18 Id. at 119.

    19 Id. at 129.

    20 Id. at 132.

    21Industrial Timber Corp. v. National Labor Relations Commission, 323 Phil. 753, 759 (1996).

    22Vicente v. Court of Appeals, 557 Phil. 777, 785 (2007).

    23 See: Letter of Resignation dated September 7, 2009, supra note 6.

    24"J" Marketing Corp. v. Taran, 607 Phil. 414, 425 (2009).

    25Societe Internationale De Telecommunications Aeronautiques v. Huliganga, G.R. No. 215504, August 20, 2018.

    26Cosue v. Ferritz Integrated Development Corp., G.R. No. 230664, July 24, 2017.

    27 416 Phil. 310, 312-313 (2001).

    G.R. No. 211525, December 10, 2018 - JUDE DARRY A. DEL RIO, Petitioner, v. DPO PHILIPPINES, INC., DANIEL PANS AND GRACE LUCERO, Respondents.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED