RODRIGUEZ v. PARK N RIDE

LOURDES C. RODRIGUEZ, Petitioner vs PARK N RIDE INC.NICEST (PHILS) INC./GRAND LEISURE CORP./SPS. VICENTE & ESTELITA B. JAVIER, Respondents

G.R. No. 222980
January 18, 2017 

Facts:

Rodriguez alleged that she was employed at Sps. Javier’s numerous companies, the last being Park N Ride. Aside from that, she also attends to incidental tasks not related to her official position, like buying household necessities for one of her bosses Estelita Javier (Estelita). She also allegedly worked strenuous hours. She was deducted an equivalent of two (2) days' wage for every day of absence.

In one instance, Estelita was mad at her for opening the office late and told her that if she did not want to continue with her work, the company could manage without her. Thus, Rodriguez eventually submitted a letter expressing her gripes at the Sps. Javier to which the latter construed and accepted as the former’s resignation.

In their Position Paper, Sps. Javier stated that they hired and trusted Rodriguez with both their businesses and personal affairs, and this made her more senior than any of her colleagues at work.  However, Rodriguez was allegedly emotionally sensitive and prone to occasional "tampo" when she would be reprimanded or cited for tasks unaccomplished. She would then be absent after such reprimands and would eventually return after a few days.

Rodriguez filed a complaint for constructive illegal dismissal, non-payment of service incentive leave pay and 13th month pay, including claims for moral and exemplary damages and attorney's fees against Park N Ride, Vicest Phils., Grand Leisure, and the Javier Spouses.

Issue:

WON the petitioner is constructively dismissed and is entitled to full sevice incentive, leave pay and damages.

Held:

The petition is partially granted.

Respondents are ordered to pay Rodriguez the following:

1) Service incentive leave pay for the years 1984 to 2009;

2) 13th month pay differential for the years 2006 to 2008;

3) Proportionate 13th month pay for the year 2009; and

4) Attorney's fees equivalent to ten percent (10%) of the wages awarded.

All amounts awarded shall be subject to interest of six percent (6%) per annum, from the date of finality of this Decision, until fully paid.

However, the Court finds that there is constructive dismissal only when an employer's act of clear discrimination, insensibility or disdain becomes so unbearable on the part of the employee so as to foreclose any choice on his part except to resign from such employment. It exists where there is involuntary resignation because of the harsh, hostile and unfavorable conditions set by the employer.

The affidavits of petitioner's former co-workers were mere narrations of petitioner's various duties. Far from showing the alleged harsh treatment that petitioner suffered, the affidavits rather reveal the full trust and confidence reposed by respondents on petitioner. Petitioner was entrusted with respondents' assets, the care and safeguarding of their house during their trips abroad, custody of company files and papers, and delicate matters such as the release, deposit, and withdrawals of checks from their personal accounts as well as accounts of their companies. Indeed, it was alleged that petitioner was treated by the respondents as part of the family.

Petitioner's unequivocal intent to relinquish her position was manifest when she submitted her letters of resignation. The resignation letters dated May 1, 2008 and March 25, 2009 contained words of gratitude, which could hardly come from an employee forced to resign. These letters were reinforced by petitioner's very own act of not reporting for work despite respondents' directive. / bvs