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SECOND DIVISION

G.R. No. L-43835 March 31, 1981

DOMINGO F. BONDOC, Petitioner, vs. PEOPLE'S BANK AND TRUST COMPANY, BANK OF THE PHILIPPINES ISLANDS (Surviving Bank) and JACOBO C. CLAVE (as Presidential Executive Assitant), Respondents.chanrobles virtual law library

AQUINO, J.:

This certiorari case involves the issue of whether respondent Presidential Executive Assistant committed a grave abuse of discretion amounting to lack of jurisdiction in confirming the abolition of petitioner's position as a department manager in a bank and the payment to him of separation pay instead of reinstating him with backwages.chanroblesvirtualawlibrarychanrobles virtual law library

Domingo F. Bondoc, who used to be an assistant of Jaime C. Velazquez in the Ayala Secutrities Corporation (p. 116, Rollo), joined the People's Bank and Trust Company on October 1, 1966 upon the recommendation of Velazquez, a director, to Roman Azanza, the bank president (p. 35, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

He replaced Ariston Estrada, Jr. (p. 37, Rollo). Bondoc was chosen by the bank's board of directors on February 21, 1967 as the first manager of the bank's department of economic research and statistics which was organized in January, 1967 (Exh. 4 and 5).chanroblesvirtualawlibrarychanrobles virtual law library

That department had only four employees: a stenographer and three clerks who were formerly employed in the comtroller's office, accounting department and office of the corporate secretary (p. 117-118, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

Every year, from 1968 to 1973, Bondoc was elected to the position of department manager and assistant vice-president by the bank's board of directors at its annual organizational meeting (Exh. 1-B to 1-F).chanroblesvirtualawlibrarychanrobles virtual law library

On May 15, 1973, Bondoc reported in writing to Manuel Chuidian, a bank director, certain anomalies committed by the officers of the bank. The Central Bank found that some officers of the bank utilized its found for their own interests. Because of those anomalies, the Monetary Board suspendedBenito R. Araneta, a director and vice-president, and reprimanded the other officers involved, namely, Severino Coronacion, Nicanor O. Corpus, Guillermo D. Teodoro, Feldres G. San Pedro, Carlos Villaluz, Godofredo Galindez, Fernando Macalanlayand Manuel P. Elepaño (pp. 6-8 Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

On September 19, 1973, the board of directors of the People's Bank, in the course of its deliberation on the bank's projected merger with the Bank of the Philippine islands, resolved to abolish itts department of economic research and statistics which, as already noted, was headed by Bondoc (p. 35, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

The board regarded the said department as a rededant unit whose functions could be performed by other departments. The Bank of P.I., like twenty-three other commercial banks, has no such department (p. 117, Rollo). Bondoc's four subordinates were absorbed by the accounting department.chanroblesvirtualawlibrarychanrobles virtual law library

Bondoc was advised of the abolition ofhis department in the later part of September, 1973. He asked the personnel manager to compute his separations pay. Bondoc was told that his separation pay was equivalent to seventy-five percent of his salary for every year of service. It amounted to P10,481.33 under its car finacing plan. (p. 118, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

Bondoc allegedly told the personnel manager that he would use his separation pay to liquidate his debt and issue a check for P3,012.08 to cover the balance of his debt. He requested the personnel manager to expedite the preparation of the bill of sale for the Toyota car so that he could get the document on the following day. But he did not show up that day (p. 118, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

It is relevant to state that the merger of the two banks was effected in accompliance with the Central Bank's requirement that commercial banks should increase their capital stock to a minimum of one hundred million pesos through mergers and consolidations or other lawful means. The merger was approved by the Monetary Board and the Securities and Exchange Commission. The merger agreement was signed in January, 1974. It was consummated on June 1, 1974.chanroblesvirtualawlibrarychanrobles virtual law library

On November 2, 1973, the People's Bank, pursuant to section 11 of Presidential Decree No. 21 (creating the ad hoc National Labor Relations Commission), applied with the Secretary of Labor for clearnce to terminate Bondoc's services effective on November 5 (p. 35, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

He lost no time in filing with the NLRC his opposition to the termination his services. He alleged in his opposition that he was dismissed without cause (p. 114, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

As all efforts for the amicable settlement of the case were fruitless, it was submitted for compulsory arbitration.chanroblesvirtualawlibrarychanrobles virtual law library

During the hearing, Bondoc tried to prove that the abolition of his position was a reprisal for his aforementioned exposure of some anomalies in the bank which resulted in the suspension or reprimand by the Monetary Board of certain senior officers of the bank headed by Benito R. Araneta, a nephew of J. Antonio Araneta, the chairman of the board (p. 48, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

After hearing, the NLRC arbitrator recommended to the Secretary of Labor the denial of the application to terminate Bondoc's employment and ordered the People's Bank to reinstate him with backwages from November 16, 1973 and with allowances and other benefits guaranteed by law and without loss of status and seniority rights (pp. 42-43, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

On appeal, the NLRC (Commissioners Castro, Borromeo ans Seno) in its decision of January 21, 1975 reversed the decision of the arbitrartor, approved the clearance for Bondoc's dismissal and ordered the People's Bank to pay him seventy five percent (75%) of his monthly salary for every year of service in lieu of one-half month salary for every year of service fixed in the Termination Pay Law, Republic Act No. 1052, as amended by Republic Act no. 1787 (p. 45, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

The NLRC adduced as reason to justify the abolition of Bondoc's position (1) the fact that his position as manager being confidential in character, the bank had the rperogative to terminate his employment anytimel (2) Bondoc's department was nolonger necessary to the efficient operation of the bank in view of the merger; (3) the management is not precluded from undertakings a reorganization or making changes to meet the demands of the present and (4) in case of mergers, departments or position may be abolished or new ones created, as the necessity for them requires (p. 44-45, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

Bondoc appealed tot he Secretary of Labor. That high official in the resolution of September 29, 1975 reversed the NLRC's decision on the grounds that the motivation for the termination of Bondoc's services was not taken into account by the NLRC and that the People's Bank should not have abolished Bondoc's department without prior clearance. He denied the application for clearance to dismiss Bondocs (p. 50, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

He ordered the People's Bank to reinstate Bondoc to his former position or any substantially equivalent position with backwages equivalent to his salary for six months, it being undrstood that the Bank of the P.I. has assumred all the liabilities and obligations of the People's Bank. The Secretary denied the application for clearance to dismiss Bondoc. (pp. 48-50, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

From the resolution, the Bank of P.I., as successor of the People's Bank, appealed tot he president of the Philippines.chanroblesvirtualawlibrarychanrobles virtual law library

One the grounds relied upon in that appeal was that Bondoc was convicted of bigamy, a crime involving moral turpitude (Criminal Case No. 7185, Manila CFI, Exh. 1).chanroblesvirtualawlibrarychanrobles virtual law library

The Bank of P.I. cited Central Bank Circular No. 356, which disqualifies a person convicted of a crime involving moral turpitude from becoming an officer of a bank (pp. 213-4, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

In a decision dated May 17, 1976, Presidential Executive Assistant Jacobo C. Clave set aside the decisions of the arbitrator and the Secretary and confirmed in toto the NLRC's decision (p. Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

The office of the President held that under the Termination Pay Law an employment without a definite period may be terminated with or without a cause, thatthe abolition of Bondoc's position was a necesary incident of the merger of the two banks and that his services were no longer indispensable to them. hence, the clearance for his removal was authorized for his removal was authorized (pp. 52-54, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

The review of the Presidential decision was sought by Bondoc in the petition which he filed in this Courton May 27, 1976. This is the fifth decision to be rendered in this case.chanroblesvirtualawlibrarychanrobles virtual law library

We hold that under the peculiar or particular facts of this case the termination of bondoc's employment was lawful and justified and that no grave abuse of discretion was lawful and justified and that no grave abuse of discretion amounting to lack of jurisdiction was committed by the Presidential Executive Assistant in affirming the NLRC's decision sustaining ther termination of his employment.chanroblesvirtualawlibrarychanrobles virtual law library

Bondoc was not employed for a fixed period. He held his position of department manager at the pleasure of the bank's board of directors. He occupied a managerial position and his stay in therein depended on his retention of the trust and confidence of the management and whether there was any need for his services.chanroblesvirtualawlibrarychanrobles virtual law library

Although some vindictive motivation might have impelled the aboliton of his position, yet, it is undeniable that the bank's board of directors possessed the power to remove him and to determine whether the interest of the bank justified the existence of his department.chanroblesvirtualawlibrarychanrobles virtual law library

Under the old Termination Pay Law, it was held that in the absence of a contract of employment for a specific period the employer has the right to dismiss his employees at anytime with or without just cause (De Dios vs. Bristol Laboratories (Phils.), Inc., L-25530, January 29, 1974, 55 SCRA 349, 358; Jaguar Transportation Co., Inc. vs. Cornista, L-32959, May 11, 1978, 83 SCRA 77).chanroblesvirtualawlibrarychanrobles virtual law library

It may be noted that under Policy Instructions No. 8 of the Secretary of Labor "the employer is not required to obtain a previous written clearnace to terminate managerial employees in order to enable him to manage effectively". (SEe Associated Citizens Bank vs. Ople, L-48896, February 24, 1981.)chanrobles virtual law library

The petitioner invokes the policy of the State to assure the right of "workers" to security of tenure (Sec. 9, Art. II, Constitution).chanroblesvirtualawlibrarychanrobles virtual law library

That guarantee is an act of social justice. When a person has no property, his job may possibly be his only possession or means of livelihood. Therefore, he should be protected against any arbitrary and unjust deprivation of his job.chanroblesvirtualawlibrarychanrobles virtual law library

Article 280 of the Labor Code has construed security of tenure as referring to regular employment and as meaning that "the employer shall not terminate the services of an employee except for a just cause or when authorized by" the Code.chanroblesvirtualawlibrarychanrobles virtual law library

As already noted above, the facts of this case do not warrant the conclusion that Bondoc's right to security of tenure was oppressively abridged. He knew all along that his tenure as a department manager rested in the discretion of the bank's board of directors and that at anytime his services might be dispensed with or his position might be abolished.chanroblesvirtualawlibrarychanrobles virtual law library

On equitable considerations, we hold that Bondoc should be paid as separation pay his salary and allowances, if any, for seven months.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, the decision of respondent Presidential Executive Assistant is affirmed with the modification that the Bank of the P.I. should pay to the petitioner separation pay equivalent to his salary and allowances (if any) for seven months. No costs.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.