G.R. No. 100322 March 9, 1994
GUATSON INTERNATIONAL TRAVEL AND TOURS, INC., PHILIPPINE INTEGRATED LABOR ASSISTANCE CORPORATION, MERCURY EXPRESS INTERNATIONAL COURIER SERVICES, INC., petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION AND JOLLY ALMORADIE, respondents.

FACTS

Private respondent Jolly M. Almoradie was first employed by petitioner Mercury Express International Courier Service, Inc. (MEREX) in October 1983 as a Messenger. When MEREX closed, he was absorbed by its sister company, petitioner Philippine Integrated Labor Assistance Corp. (Philac), also as a Messenger. In September 1986, he was transferred to petitioner Guatson Travel, another alleged sister company, as a Liaison Officer and was later promoted to Sales Representative in April 1988. On April 30, 1988, Almoradie received three separate memoranda from management requiring him to explain various charges, including not wanting to sell, going to a client (BEMIL) without authorization, and preferring to be a messenger. He submitted written explanations responding to each charge. On May 4, 1988, he was reverted to the position of Messenger. Sometime in September 1988, he was again given the position of Account Executive, which he accepted with the understanding he would not do messengerial work. On October 1, 1988, Almoradie alleged that Henry Ocier, Vice-President and General Manager of Guatson Travel, summoned him to his office, forced him to resign by threatening to file charges that would affect his future employment, and even provided the pen and paper for the resignation letter which Ocier dictated. That same day, Almoradie sought help from a friend and reported the incident to the Barangay Captain. He filed a complaint for illegal dismissal on November 14, 1988. The Labor Arbiter dismissed the case, finding the resignation voluntary. The National Labor Relations Commission (NLRC) reversed the Labor Arbiter’s decision, finding that Almoradie was illegally dismissed by being forced to resign and ordered petitioners to pay backwages and separation pay.

ISSUE

Whether or not Jolly Almoradie was illegally dismissed by being forced to resign.

RULING

Yes, the Supreme Court affirmed the NLRC’s finding that Almoradie’s resignation was not voluntary and that he was illegally dismissed. The Court agreed with the NLRC’s conclusion that the Labor Arbiter’s findings were not supported by substantial evidence. The Court found that the circumstances, including Almoradie’s length of service, his lack of a potential new employer, the immediate steps he took to seek redress after the incident, and the series of memoranda and job changes leading up to the resignation, indicated a scheme by management to force him out. The Court held that the threats made by Ocier (“I will file charges against you,” and “I have a very good lawyer”) constituted intimidation that vitiated Almoradie’s consent, as the threatened act (filing charges) was unjust or unlawful, the threat was real and serious, and it produced a reasonable and well-grounded fear in Almoradie. The Court modified the NLRC’s award, ruling that backwages should be limited to three years without qualification or deduction, and separation pay should be equivalent to one month for every year of service (instead of one-half month as awarded by the NLRC), computed from the time Almoradie was employed by MEREX and including the three-year period awarded as backwages. Reinstatement was not awarded due to the strained relationship. The petition was dismissed for lack of merit.