G.R. No. 230005 , January 22, 2020
SEVENTH FLEET SECURITY SERVICES, INC., PETITIONER, V. RODOLFO B. LOQUE, RESPONDENT.

FACTS

Respondent Rodolfo B. Loque was hired as a security guard by petitioner Seventh Fleet Security Services, Inc. in May 2006. In September 2013, he filed a complaint for underpayment of wages against Seventh Fleet. On December 25, 2013, he was relieved from his post at client Second Midland Offices Condominium Corp. and was suspended for 10 days starting December 26, 2013, due to an incident where he and a companion from another agency entered and stayed overnight in the building without authorization. After his suspension ended on January 7, 2014, Loque reported for work but was informed he was placed on “floating status” and advised to wait for a call. On May 16, 2014, he received a letter directing him to report to the office within 48 hours. He went on May 19, 2014, but claimed he was not allowed to enter and handed a letter stating his readiness to work to a security guard. Seventh Fleet sent a second letter dated May 28, 2014. On July 11, 2014, Loque inquired about his employment status. Having received no work assignment from January 7 to July 28, 2014 (over six months), Loque filed a complaint for constructive dismissal, separation pay, and full backwages. Seventh Fleet denied constructive dismissal, alleging Loque failed to report despite directives and that the floating status was a valid management prerogative due to the client’s request for his replacement.

ISSUE

Whether Loque was constructively dismissed from employment and thus entitled to his money claims.

RULING

Yes, Loque was constructively dismissed. The Court affirmed the Court of Appeals’ decision, subject to modification. The “floating status” or temporary “off-detail” of a security guard is permissible only for a maximum period of six months. Placing an employee on floating status beyond six months constitutes constructive dismissal, as it effectively severs the employment relationship. The Court found that Loque was placed on floating status from January 7, 2014, and no evidence showed he was given any assignment within the six-month period. His filing of the complaint on July 28, 2014, after more than six months of inactivity, was a valid act asserting his constructive dismissal. The defense of abandonment failed, as Loque demonstrated a desire to work by reporting to the office and sending letters. Consequently, Seventh Fleet was ordered to pay Loque: (1) full backwages from the date of constructive dismissal until the finality of the Decision; (2) separation pay from commencement of employment until finality at one month’s salary per year of service; and (3) attorney’s fees of 10% of the total award, with interest at 6% per annum from finality until full payment. The complaint against individual respondent Medy Lastica was dismissed for lack of legal basis.