GRANDE v. PNTC

FLORDALIZA LLANES GRANDE, petitioner, vs. PHILIPPINE NAUTICAL TRAINING COLLEGE, respondent.

G.R. No. 213137

March 01, 2017

PERALTA, J.:

Before us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court which seeks to annul and set aside the Amended Decision dated November 7, 2013 and the Resolution dated June 25, 2014 of the Court of Appeals (CA) in CA-G.R. SP No. 125444. The CA reversed on reconsideration its Decision dated March 27, 2013 affirming the Decision of the National Labor Relations Commission (NLRC), Sixth Division, in NLRC Case No. LAC 08-002290-11 and the Decision of the Labor Arbiter which held that petitioner did not voluntarily resign but was illegally dismissed by respondent.

Facts:

Flordaliza Llanes Grande was one of the key employees of PHILIPPINE NAUTICAL TRAINING COLLEGE (PNTC).

On March 1, 2011, the VP for Corporate Affairs, Frederick Pios (Pios), called petitioner for a meeting and relayed to petitioner the message of PNTC's President, Atty. Hernani Fabia, for her to tender her resignation from the school in view of the discovery of anomalies in the Registration Department that reportedly involved her. Pios assured petitioner of absolution from the alleged anomalies if she would resign. Petitioner then prepared a resignation letter, signed it and filed it with the Office of the PNTC President. The respondent accomplished for her the necessary exit clearance. In the evening of the same date, petitioner, accompanied by counsel, filed a police blotter for a complaint for unjust vexation against Pios.

March 2, 2011, petitioner accompanied by counsel, filed a complaint for illegal dismissal with prayer for reinstatement with full backwages, money claims, damages, and attorney's fees against respondent. On July 29, 2011 Labor Arbiter (LA) Arthur L. Amansec rendered a Decision in favor of the petitioner.

Thereafter, respondent elevated the case before the NLRC, Sixth Division. On February 29, 2012, the NLRC affirmed the Decision of the LA.

A motion for reconsideration was filed by respondent, but the same was denied by the NLRC on May 31, 2012.[23]

Aggrieved, respondent filed a petition for certiorari before the CA. In a Decision dated March 27, 2013, the CA affirmed the Decision of the NLRC.

A motion for reconsideration was filed by the respondent which was granted by the CA on November 7, 2013 and reversed its Decision dated March 27, 2013. The motion for reconsideration is GRANTED. The Court Decision dated March 27, 2013 is RECONSIDERED AND SET ASIDE. Accordingly, the complaint of respondent Flordaliza L. Grande is DISMISSED.

The Court of Appeals seriously erred in considering the Petition for Certiorari filed by the private respondents despite the absence of any grave abuse of discretion on the part of the Labor Arbiter a quo and NLRC, Sixth Division.

Issues:

Whether or not Flordaliza Llana Grande was illegally dismissed by PHILIPPINE NAUTICAL TRAINING COLLEGE (PNTC)?

Held:

Yes, Flordaliza Llana Grande was illegally dismissed by PHILIPPINE NAUTICAL TRAINING COLLEGE (PNTC).

In voluntary resignation is the voluntary act of an employee who is in a situation where one believes that personal, reasons cannot be sacrificed in favor of the exigency of the service, and has no other choice but to dissociate from employment. Resignation is a formal pronouncement or relinquishment of an office, and must be made with the intention of relinquishing the office accompanied by the act of relinquishment. A resignation must be unconditional and with the intent to operate as such.

In termination cases, burden of proof rests upon the employer to show that the dismissal is for a just and valid cause, and failure to do so would necessarily mean that the dismissal was illegal. It is incumbent upon the employer to prove that the employee voluntarily resigned. On this point, respondent failed to discharge the burden.

WHEREFORE, the Petition for Review on Certiorari is hereby GRANTED. The assailed Amended Decision dated November 7, 2013 and Resolution dated June 25, 2014 of the Court of Appeals in CA-G.R. SP No. 125444, respectively, are hereby SET ASIDE. The Decision dated February 29, 2012 and Resolution dated May 31, 2012 of the National Labor Relations Commission in NLRC Case No. LAC 08-002290-11 are AFFIRMED with MODIFICATION that Flordaliza L. Grande is GRANTED payment of backwages, computed from the time she was illegally dismissed on March 1, 2011 up to the time she is actually reinstated to her former or substantially equivalent position, and attorney's fees equivalent to 10% of the total monetary award. Legal interest shall be computed at the rate of six percent (6%) per annum of the total monetary award from date of finality of this Decision until full satisfaction.

SO ORDERED.