S

Petitioner reported to SMART s Head Office and discussed with the HRD Group Head,
his job description, functions, responsibilities, salary and benefits, as well a
s options for relocation/transfer of his family to Manila. The next day, petitio
ner and Caeg met to discuss further details of petitioner s new position.
Thereafter, petitioner did nstead filed a complaint for constructive dismissal w
ith claims for moral and exemplary damages and attorney s fees against SMART andg
and Martirez. Caeg required petitioner to explain his continuing refusal to tra
nsfer to his new assignment, but instead of giving an explanation, petitioner re
ferred Caeg to his complaint for constructive dismissal. Private respondents als
o scheduled a hearing but petitioner failed to attend. Thus, private respondent
s terminated petitioner s employment for insubordination.