G.R. No. 203942 , August 04, 2021
Rhodora R. Moreno, Petitioner, vs. Chateau Royale Sports and Country Club, Inc., Joel Go, Rowell David, Rolando Basilio and Jan Michel Gautier, Respondents.

FACTS

Petitioner Rhodora R. Moreno was hired as Operations Manager on a probationary basis by respondent Chateau Royale Sports and Country Club, Inc. on February 8, 2005. She alleged that after submitting a resignation in April 2005, she was persuaded to stay with a promise of promotion to General Manager and a salary increase, which was later not reflected in her regularization memo on August 4, 2005. On March 9, 2006, Chateau Royale hired Jan Michel Gautier as overall General Manager. Upon returning from sick leave on March 22, 2006, Moreno was shown an organizational chart excluding her and was informed by Rolando Basilio, the Group HR Manager, that management had lost trust and confidence in her and she should resign. On March 23, 2006, she was handed a Memorandum directing her to explain why she should not be penalized for negligence and abuse of position, based on a security report citing violations like having her husband in the office. She filed a complaint for constructive dismissal the next day. Chateau Royale contended the memo was a legitimate disciplinary action and she was never dismissed, but was placed on preventive suspension.

ISSUE

Whether petitioner Rhodora R. Moreno was constructively dismissed from her employment.

RULING

No, the Supreme Court ruled that Moreno was not constructively dismissed. The Court found that the issuance of the Memorandum to Explain and the preventive suspension were based on a factual report of company policy violations and were a valid exercise of management prerogative to discipline employees. The hiring of a new General Manager was also a legitimate business decision and did not demote Moreno, as her appointed position remained Operations Manager. Her claim of a promised promotion was unsupported by evidence. The acts complained of, including her removal from an unofficial organizational chart and being asked to explain, did not constitute a clear case of discrimination, insensibility, or humiliation that would force an employee to resign. Therefore, there was no constructive dismissal. However, the Court ordered her reinstatement without payment of backwages because Chateau Royale failed to observe due process in her preventive suspension by not conducting a hearing to determine the existence of a prima facie case to justify suspension.