G.R. No. 112909 November 24, 1995
Molave Tours Corporation, petitioner, vs. National Labor Relations Commission and Roger Bolocon, respondents.

FACTS

Private respondent Roger Bolocon was hired by petitioner Molave Tours Corporation in July 1986 as a garage custodian at its Naga City branch. His duties required his continuous presence from 5:00 A.M. to 11:00 P.M., for which he was furnished living quarters inside the garage. In June 1989, following reports of drunkenness and pilferage, Bolocon received memoranda requiring him to explain the charges and effecting his immediate suspension. He submitted a written explanation and requested a confrontation with his accusers.
Petitioner’s personnel manager refused this request and instead forced Bolocon to sign a prepared letter of resignation. Intimidated, Bolocon signed. He subsequently filed a complaint for illegal dismissal and various monetary claims, including overtime pay for his extensive daily work schedule. Petitioner countered that Bolocon was a contractual employee who voluntarily resigned to avoid investigation and that he only worked four hours daily, with his time records padded to eight hours to prevent envy among other employees.

ISSUE

The primary issues were: (1) whether Bolocon was illegally dismissed or voluntarily resigned; and (2) whether he was entitled to overtime pay and other monetary awards.

RULING

The Supreme Court dismissed the petition, affirming the NLRC’s decision which upheld the Labor Arbiter’s ruling in favor of Bolocon. On the first issue, the Court ruled that the employer bears the burden of proving that a dismissal is for a just or authorized cause. Resignation must be a voluntary act accompanied by an intention to relinquish the position. The Court found that Bolocon’s resignation was not voluntary; he was forced and intimidated into signing the prepared letter by the petitioner’s personnel manager. The NLRC correctly considered the moral ascendancy and psychological pressure exerted by the manager, a factor that can compel compliance even from a physically robust individual.
Consequently, Bolocon’s dismissal was illegal. Under Article 279 of the Labor Code, an illegally dismissed employee is entitled to reinstatement without loss of seniority rights and to full backwages and benefits from the time of dismissal until actual reinstatement. On the second issue, the award of overtime pay was sustained. The Court held that Bolocon’s claim, corroborated by witness testimonies, sufficiently established that he rendered overtime services beyond the normal eight-hour workday. Petitioner’s unsupported allegation of a four-hour workday was correctly rejected. The factual findings of the NLRC, supported by substantial evidence, are generally accorded respect and finality. No grave abuse of discretion was found.