Beruflich Dokumente
Kultur Dokumente
Respondent: Antonio M Farrales
March 18, 2015
Justice Reyes
Facts:
1. March 12, 1998 Farrales was employed by HPC as leadman, Acting Assistant Unit Chief in 2007, and
Assistant Unit Chief of Production in 2008 (monthly salary of 17,600 pesos/mo)
2. Consistent recipient of outstanding performance, appraisal and year end bonuses
3. December 2, 2009 – report reached HPC management that a helmet of Reymar Soles was stolen at the
parking lot
4. December 3, 2009 – They looked at the CCTV of November 27, 2009 at 3:00 pm. It was shown there
that Farrales walked back and forth towards the motorcycle parking then to the pedestrian. He then
instructed Andy Lopenga to get the helmet he was pointing at, which Lopenga did get and gave to
Farrales
5. HPC asked Farrales to explain.
Farrales: Borrowed helmet from Eric Libutan (co worker) since they live in the same barangay.
Eric can get it back from Farrales’ house or next time they see each other
At around 6 am the next day, he saw Eric at the barangay and wanted to return the helmet but Eric
was in a rush to go to work
December 3, 2009 – Farrales asked Eric why he did not get the helmet from the house but Eric said
that it wasn’t his.
He immediately called HPC to report the incident that he mistook someone else’s helmet, and HPC
asked the employees about it Reymar went forward.
Farrales apologized for the honest mistake.
6. December 10, 2009 Hearing was held.
a. Lopega’s story: was asked by Farrales to get his helmet hanging from a motorcycle beside
Lopega.
b. However, Eric’s instruction to Farrales: red and black colored helmet from the black Honda
XRM 125 with plate numbe 8746DI
c. CCTV showed Farrales instructing to fetch yellow helmet from a blue Rossi 110 motorcycle
with plate number 3653DN
d. Farrales: he could not remember anymore the details.
7. HPC issued a notice of termination for violation of Art. 69 Class A, Item no.29 of the HPC Code of
Discipline (stealing from the company, employees and officials, contractors, visitors or clients)
a. Aforementioned is akin to serious misconduct and fraud or willful breach by the employee
of the trust reposed in him by his employer or duly authorized representative (Art 297)
8. Farrales filed for Illegal dismissal, nonpayment of midyear bonuses, service incentive leave pay and
13th month pay. Reinstatement or separation pay + moral and exemplary damages.
9. LA – Favor of Farrales (full backwages, 1mo salary per year,appraisal year bonus, moral damages,
exemplary damages, atty’s fees)
10. NLRC reversed LA finding substantial evidence of just cause to terminate Farrales
11. CA reversed NLRC (not tantamount to theft. Failed to prove intent to gain)
Hocheng appealed to SC HPC insists that since complaint involves an administrative case, only
substantial evidence and not proof beyond reasonable doubt, is required to prove the guilt of Farrales
Issue: WON illegal dismissal was valid
Digests by: Banaag, Somera 1
Held:
Art. 4 of labor code mandates that all doubts in the implementation of the provisions thereof shall be
resolved in favor of labor.
Art 3 of LC, sec 3 of art XVIII consti on security of tenure
o Must be therefore serious and grave malfeasance
To justify deprivation of means of livelihood
Keeping with the spirit of our Consti
o Penalty must be proportionate
Court can delve on factual conclusions if facts are not supported/ bare facts/ LA and NLRC have
conflicting views
HPC failed to prove intent to gain of Farrales
o Asked permission from Eric
o Mistakenly thinking that what he got was Eric’s
o Only found out that there was a mistake when he got the chance to confront Eric.
o He reported to the guards right away once he found out
NLRC said:
o that Farrales lied when he told Farrales the helmet was his and they were neighbors
o Supervisor = strictrer rules of trust and confidenve
SC: No serious or willful misconduct or disobedience to warrant dismissal
o Lost no time in returning the helmet
o Lying was not intended to put up a pretense that he has ownership of the helmet but only said
to simply just give him the damn helmet
o Same barangay = loosely neighbors = technically still neighbors
o Theft commmited if proven by substantial evidence = serious misconduct
If doubts exist between evidence presented by the employer and that the employee, the scales of
justice must be tilted in favor of the latter. The employer must affirmatively show rationally
adequate evidence that the dismissal was for a justifiable cause
Digests by: Banaag, Somera 2
Petitioner: Kapisanang Pangkaunlaran ng Kababaihang Portero, Inc. (KPKPI) and Milgaros Reyes
Respondent: Remedios Barreno, Lilibeth Ametin, Dranrev Nonay, Frederick Dionisio and Marites Casio
June 10, 2013
Justice Perlas Bernabe
Facts:
1. KPKPI – non stock non profit social oriented corporation was tapped by Technology and Livelihood
Resource Center (TLRC) to participate in microlending program for the poor.
2. KPKI hired respondents
3. September 20, 2001 respondents filed a complaint for for underpayement of wages, nonpayment of
labor standard benefits (13th month pay, social incentive leave, SSS, Home Development Mutual Fund)
4. During its pendency, Barreno was served a memo signed by Reyes terminating him from employment
effective Oct 1, 2001
5. Barreno filed another complaint for illegal dismissal
6. Other respondents were verbally informed by Reyes their termination of employment effective Oct 9,
2001
7. Other respondents filed complaint of illegal dismissal
8. All complaints were consolidated
9. KPPKI argues:
a. Mere volunteers and not employees receiving allowances and reimbursements
b. Forum shopping ( filed case in DOLE and NLRC)
10. Barreno et al argues:
a. Insisted that they were employees under control of KPKPI
b. DOLE case – money claims (dropped after filing illegal dismissal in NLRC)
c. NLRC – illegal dismissal
11. LA –
a. No forum shopping
i. DOLE no jurisdiction on illegal dismissal
Digests by: Banaag, Somera 3
ii. Money claims in DOLE were consolidated to NLRC case
b. Not volunteers and twin notice requirement applies
c. Joint and severally liable petitioners
i. 54,639 pesos backwages
ii. 1 mo/salary every year of service
iii. underpayment of salaries for 3 yrs from filing of complaint
iv. atty’s fees 10%
12. KPKI appealed to NLRC
13. NLRC
a. Guilty of forum shopping
14. Respondents appealed to CA
15. CA
a. No Grave abuse on part of NLRC
b. There was forum shopping
i. But should still be given opportunity to be heard on their complaint
c. CA ordere the remand of the case to NLRC for further proceedings on the matter of illegal
dismissal, separation pay, damages, and atty’s fees
16. Both appealed to SC
a. Not guilty of forum shopping
i. NLRC did not resolve the appeal based on the merits but dismissed on forum
shopping
1. SC agrees with CA to remand for issues on illegal dismissal
ii. Forum shopping “exists when one party repetitively avails of several judicial
remedies in different courts simultaneously or successively…”
1. Essential to determine if there’s existence of vexation caused the courts and
party litigants by a party who asks different courts/ administrative agencies
iii. No identity of causes of action between the cases of DOLE and NLRC
1. DOLE violated labor standard provisions where an employeremployee
relationship exists
2. NLRC on respondent’s dismissal
3. Labor code provides that 2 are distinct causes of action
4. Consolidated Broadcasting System v. Oberio
a. No forum shopping when labor standards complaint preceded filing
of illegal dismissal
17. CA affirmed
Digests by: Banaag, Somera 4
Petitioners: Ma. Ana Tamonte and Edilberto Tamonte
Respondents: Hongkong and Shanghai Banking Corporation LTD.(HSBC), Hongkong Shanghai Banking
Corporation Staff Retirement Plan(HSBC SRP), represented by Atty. Manuel Montecillo, Stuart Milne,
Alejandro Custodio; RTC clerk of court & Exofficio Sheriff and Sheriff in Charge Clemente Boloy and
Benedicto Hebron, respectively
Aug 17 2011
Justice Peralta
Digests by: Banaag, Somera 5
Facts:
1. Ma. Ana Tamonte (Ana) was a regular employee of HSBC and member of HSBC SRP
2. HSBC SRP – established for the purpose of providing retirement, disability, and loan benefits to all
employees
3. Ana applied for housing loan and acquired a real estate mortgage from HSBC SRP
a. Paid through automatic payroll deductions
4. January 1993 – labor dispute arose between bank and union
a. Strike ensued December 22, 1993
5. Majority of bank employees including Ana were dismissed
6. Ana and others filed for illegal dismissal
7. LA
a. Strike was illegal
8. November 28, 1994 – letter from HSBC SRP demand payment of her loan
9. Petitioner failed to settle their obligation
a. Effected foreclosure of property
i. Custodio was highest bidder
10. October 29, 1997 – petitioners filed with RTC Paranaque annulment of entire proceedings in
foreclosure against Atty. Montecilo, Milne and Custodio, RTC clerk and Sheriff Hebron
11. HSBC SRP and Custodio filed motion to dismiss
a. Extrajudicial foreclosure was proper and regular
i. Full amount of loan accelerated after Ana was terminated from employment
1. Ana unable to settle upon demand
ii. Ana’s continued employment was security or guaranty for her loan
iii. Had not made any payment since December 1993
1. Results foreclosure
b. Foreclosure proceedings are purely civil obligations
12. HSBC SRP supplemental motion to dismiss stating Cadena v HSBC having the same facts
13. Petitoner filed their answer to the motion to dismiss
a. Ana’s employment was not intended to secure housing loan
b. Cause of foreclosure was her termination and not nonpayment
14. RTC dismissed complaint
a. Nonpayment of monthly amortizations after Ana’s termination in December 1993
i. Violation of terms and conditions of their housing loan/ mortgage
ii. HSBC SRP had right to foreclose
iii. Obligation was a purely civil obligation which arose from the contract and should be
complied with in good faith
15. Petitioners appealed to CA
16. CA dismissed appeal
a. Payment of monthly amortizations on the housing loan, and despite demand, failed and
refused to pay their obligations
b. Argument that even if Ana paid, HSBC SRP would not accept it anyway as what HSBC did
to others was speculative
c. Pendency of labor case would not suspend default in payment as it involves employer
employee relationship and not creditor debtos
ISSUE: WON Petitoners have cause of action
Held:
Digests by: Banaag, Somera 6
1. There is no basis to petitioners' claim that the default, which led the respondent to foreclose the
mortgaged property, was mainly due to Ana's discontinued employment.
a. Motion to Dismiss and Supplemental Motion to Dismiss stated that petitioners did not make
any single payment on their housing loan after December 1993. Thus, they resorted to
foreclosure proceedings.
2. HSBC SRP has a clear right to foreclose the mortgaged property. In a real estate mortgage, when the
principal obligation is not paid when due, the creditormortgagee has the right to foreclose the
mortgage, sell the property, and apply the proceeds of the sale to the satisfaction of the unpaid loan.
This was also stated in the real estate mortgage entered into by the parties.
3. Petitioners: The resolution of the validity of Ana's termination is akin to a prejudicial question, i.e.,
without a final determination of the legality or illegality of the termination of her
employment, HSBC SRP cannot validly decide to recall the loan benefits and demand immediate full
payment; and that the auction sale of their property was premature.
4. SC: Petitioners were already in default in the payment of their loan obligations; thus, foreclosure of the
mortgage property was resorted to by respondents. Respondents were only enforcing the civil
obligation of petitioners under their mortgage contract. There is no labor aspect involved in the
enforcement of petitioners' obligation.
a. Nestle Phils., Inc. v. NLRC: The employees were allowed to avail of the company's car loan
policy. Under the policy, the company advanced the purchase price of a car to be paid back by
the employee through monthly deductions from his salary, but the company retained
ownership of the motor vehicle until it shall have been fully paid for. The employees who
availed of the car loan were later dismissed from service for participating in an illegal strike.
They filed a complaint for illegal dismissal with the Labor Arbiter which upheld the legality
of said dismissal. While the appeal was pending with the NLRC, the employees sought a TRO
with the NLRC to stop Nestle from cancelling their loans and collecting their monthly
amortizations pending the final resolution of their illegal dismissal case. The employees
claimed that there was a labor dispute between them and Nestle, and that their default in
paying their amortizations was brought about by their illegal dismissal from work by Nestle as
punishment for their participation in the strike.
i. The SC ruled that Nestlé’s demand for payment of the private respondents’
amortizations on their car loans, or, in the alternative, the return of the cars to the
company, is not a labor, but a civil, dispute. It involves debtorcreditor relations,
rather than employeeemployer relations.
ii. ii. HSBC SRP v. Spouses Broqueza: This case involved the dismissed coemployees
of Ana who were also unable to pay the monthly amortizations of their respective
loans. Despite HSBC SRP's demand for them to pay their loan, they still failed to pay
their loan obligations.
5. The SC ruled that the enforcement of a loan agreement involves debtorcreditor relations founded on
contracts and does not in any way concern employee relations.
6. Petition Denied
Digests by: Banaag, Somera 7
YUSEN AIR v. VILLAMOR
Justice Cancio Garcia
August 16, 2005
Petitioner: Yusen Air and Sea Service Philippines Incorporated
Respondent: Isagani A. Villamor
A. FACTS:
1. Petitioner, a corporation organized and existing under Philippine laws, is engaged in the business of
freight forwarding. As such, it is contracted by clients to pickup, unpack, consolidate, deliver,
transport and distribute all kinds of cargoes, acts as cargo or freight accommodation and enters into
charter parties for the carriage of all kinds of cargos or freight.
2. On August 16, 1993, Petitioner Yusen Air hired respondent “Isagani” as branch manager in its Cebu
office. Later, Yusen Air reclassified Isagani’s position to that of Division Manager, which position
respondent held unti his resignation of February 1, 2002. Immediately after his resignation, Isagani
started working in Aspac International, a corporation engaged in the same line of business as that of
Yusen Air.
3. On February 11, 2002, in RTC Paranaque City, Yusen Air filed against Isagani a complaint for
injunction and damages with prayer for a restraining order on the ground that respondent violated the
provision in his contract that he should not affiliate himself with competitors for a period of 2 years
from his resignation or separation from petitioners company.
4. The complaint alleged, inter alia, as follows
No employee may engage in any business or undertaking that is directly or indirectly in
competition with that of the company and its affiliates or engage directly or indirectly in
any undertaking or activity prejudicial to the interests of the company or to the
performance of his/her job or work assignments. The same provision will be implemented
for a period of two (2) years from the date of an employees resignation, termination or
separation from the company.
5. On March 4, 2002, Isagani filed against Yusen Air a case for illegal dismissal before NLRC
Digests by: Banaag, Somera 8
6. Isagani filed a motion to dismiss, arguing that the RTC has no jurisfiction over the subject matter of
said case because an employeremployee relationship is involved.
7. On March 20, 2002, TC issued the herein first assailed order dismissing petitioner’s complaint for lack
of jurisdiction over the subject matter on the ground that the action was for damages arising from
employeremployee relations. TC ruled that LA had jurisdiction over petitioner’s complaint.
8. Petitioner moved for a reconsideration but was denied.
9. Hence, petitioners present recourse, maintaining that its cause of action did not arise from employer
employee relations even if the claim therein is based on a provision in its handbook, and praying that
Civil Case No. 020063 be remanded to the court a quo for further proceedings. The petition is
impressed with merit.
11. SC cite the case of PNB v. CA in relation to issue of damages
It is settled that these injunctive reliefs (TRO and writ of Preliminary injunction) are
preservative remedies for the protection of substantive rights and interests. Injunction is not a
cause of action in itself but merely a provisional remedy, an adjunct to a main suit. When the
act sought to be enjoined ha[s] become fait accompli, only the prayer for provisional remedy
should be denied.
B. ISSUE
12. Whether petitioner’s claim for damages arose from employer employee relations between the parties
C. HELD
13. SC: No. In a kindred case, Dai Chi Electronics Manufacturing v. Villarama, we held that an action for
breach of contractual obligation is intrinsically a civil dispute.
TC: We have no jurisdiction, it is the LA who had original and exclusive jurisdiction over the
subject matter of the case provided in Article 217 (4) of LC and RA 6715.
SC: The claim for damages did not arise from employeremployee relations. Petitioner
does not ask for any relief under the Labor Code of the Philippines. It seeks to recover
damages agreed upon in the contract as redress for private respondents breach of his
contractual obligation to its damage and prejudice. Such cause of action is within the realm of
Civil Law, and jurisdiction over the controversy belongs to the regular courts. More so
when we consider that the stipulation refers to the postemployment relations of the parties.
Digests by: Banaag, Somera 9
case by the parties for decision without extension, even in the absence of stenographic notes,
the following cases involving all workers, whether agricultural or nonagricultural:
xxx xxx xxx
4. Claims for actual, moral, exemplary and other forms of
damages arising from the employeremployee relations;"
xxx xxx xxx
15. SC cited San Miguel Corporation v NLRC, Article 217 then provided that the LA had jurisdiction over
all money claims of workers, but the phrase arising from employeremployee relation was deleted.
xxx xxx xxx
that money claims of workers which now fall within the original and exclusive jurisdiction of Labor
Arbiters are those money claims which have some reasonable causal connection with the employer
employee relationship.
xxx xxx xxx
16. SC The cause of action is based on a quasidelict or tort, which has NO REASONABLE
CAUSAL CONNECTION with any of the claims provided for in Art 217, jurisdiction over
the action is with the regular courts.
17. (SAME AS IN THE CASE OF DAI CHI) petitioner does not ask for any relief under the Labor Code. It
merely seeks to recover damages based on the parties contract of employment as redress for
respondent's breach thereof . Such cause of action is within the realm of Civil Law, and jurisdiction
over the controversy belongs to the regular courts. More so must this be in the present case, what with
the reality that the stipulation refers to the postemployment relations of the parties.
18. It is basic that jurisdiction over the subject matter is determined upon the allegations made in the
complaint
19. ACCORDINGLY, the assailed orders of the lower court are SET ASIDE and Civil Case No. 02
0063 REMANDED to it for trial on the merits of the main claim for damage
RAUL C. COSARE V. BROADCOM ASIA, INC
Justice Reyes
February 5, 2014
Petitioner: Raul C. Cosare
Respondent: Broadcom Asia, Inc and Dante Arevalo
A. FACTS
1. In April 1993, Petitioner RAUL was employed as a salesman by Respondent DANTE, who was then
in the business of selling broadcast equipment needed by television networks and production houses.
Digests by: Banaag, Somera 10
2. In December 2000, Respondent DANTE set up the company Broadcom, still to continue the business
of trading communication and broadcast equipment. Petitioner RAUL was named an incorporator of
Broadcom.
3. In October 2001, Petitioner RAUL was promoted to the position of Assistant Vice President for Sales
(AVP for Sales) and Head of Technical Coordination, having a monthly basic net salary and average
commissions of Php 18, 000 and Php 37, 000, respectively.
4. In 2003, ALEX F. Abiog was appointed as Broadcom’s Vice President for sales and thus, became
RAUL’s immediate superior.
5. On March 23, 2009, Petitioner RAUL sent a confidential memo to Respondent DANTE to inform him
of the following anomalies which were allegedly being committed by ALEX against the company
a. He failed to report to work on time and would immediately leave the office on the pretext of client
visits;
b. He advised the clients of Broadcom to purchase camera units from its competitors, and received
commissions therefor;
c. He shared in the “under thetable dealings” or “confidential commissions” which Broadcom
extended to its clients’ personnel and engineers; and
d. He expressed his complaints and disgust over Broadcom’s uncompetitive salaries and wages and
delay in the payment of other benefits, even in the presence of office staff.
RAUL’s ended his memo by clarifying that he was not interested in ALEX’s position, but only wanted
DANTE to know of the irregularities for the corporation’s sake.
6. DANTE failed to act on RAUL’s accusations. RAUL claimed that he was instead called for a meeting
by DANTE on March 2009, wherein he was asked to tender his resignation in exchange for “financial
assistance” in the amount of Php 300, 000. RAUL refused to comply with the directive.
7. On March 30, 2009, RAUL received from Roselyn Villareal, Broadcom’s Manager for Finance and
Administration, a memo signed by DANTE, charging him of serious misconduct and willful breach
of trust , and providing in part:
a. You had persuaded a customer to purchase a camera from another supplier
b. Abandonment of company vehicle which was found inoperable and in very bad condition
c. Repeatedly failed to submit regular sales reports. Frequent absences
d. Not recorded any sales for the past 12 months.
8. Petitioner RAUL was given 48 hours from the date of the memo within which to present his
explanation on the charges. He was also “suspended from having access to any and all company
files/records and use of company assets effective immediately.” Thus, on the following day, he was
refused entry.
9. On April 2, 2009, Petitioner RAUL sent a memo to the company which he addressed and denied the
accusations against him. The respondents refused to receive the memo on the ground of late filing,
prompting RAUL to serve a copy thereof by registered mail.
Digests by: Banaag, Somera 11
10. On April 3, 2009, RAUL filed the subject labor complaint, claiming that he was constructively
dismissed from employment by the respondents. He further argued that he was illegally suspended, as
he placed no serious and imminent threat to the life or property of his employer and co employees.
11. Respondent said that RAUL abandoned his job continually failing to report for work beginning April 1,
2009, prompting them to issue on April 14, 2009 a memo accusing RAUL of absence without leave
beginning April 1, 2009.
12. LA: Dismissed the complaint on the ground of RAUL’s failure to establish that he was dismissed,
contructively or otherwise, from his employment. He failed to substantiate by documentary evidence
his allegations of illegal suspension and nonpayment of allowances and commissions.
13. NLRC: Reversed LA ruling. The fact that RAUL was suspended from using the assets of Broadcom
was also inconsistent with the respondents’ claim that he was opted to abandon his employment.
Exemplary damages awarded, Php 100, 000.
14. In a manifestation filed by the respondents during the pendency of the CA appeal, they raised a new
argument, i.e., the case involved an intra corporate controversy which was within the jurisdiction
of the RTC, instead of the LA. They argued that the case involved
a complaint against a corporation
filed by a stockholder , who, at the same time, was a corporate officer.
15. CA: The case involved an intracorporate controversy which was within the exclusive jurisdiction of
the RTC. Petitioner RAUL was listed as one of its directors, an AVP for sale. He held a corporate
office. CA reversed NLRC decision and resolution and then entered a new one dismissing the labor
complaint on the ground of lack of jurisdiction.
B. ISSUES
16. Whether or not the case instituted by RAUL was an intracorporate dispute
17. Whether or not RAUL was constructively and illegally dismissed from employment by the respondents
C. HELD
18. SC: Jurisdiction. It is the LA which has the original jurisdiction over the controversy.
An intra corporate controversy, which falls within the jurisdiction of regular courts, has been
regarded in its broad sense to pertain to disputes that involve any of the following relationships:
(1) between the corporation, partnership or association and the public;
(2) between the corporation, partnership or association and the state in so far as its franchise, permit or
license to operate is concerned;
(3) between the corporation, partnership or association and its stockholders, partners, members or
officers; and (4) among the stockholders, partners or associates, themselves.
19. SC: The mere fact that RAUL was a stockholder and an officer of Broadcom at the time the subject
controversy developed failed to necessarily make the case an intracorporate dispute.
20. SC cited the case of Matling Industrial and Commercial Corporation v. Coros where the court
distinguished between a “regular employee” (LA) and a “corporate officer” (RTC)
Digests by: Banaag, Somera 12
21. SC: RAUL, although an officer of Broadcom for being its AVP for Sales, was NOT a “corporate
officer” as the term is defined by law. We emphasized in Real v. Sangu Philippines, Inc. the definition
of corporate officers for the purpose of identifying an intracorporate controversy.
Corporate officers are those officers of the corporation who are given that character by the
Corporation Code or by the corporation’s bylaws. These are the president, secretary and the treasurer.
The number of officers is not limited to these three. A corporation may have such other officers as may
be provided for by its bylaws like, but not limited to, the vicepresident, cashier, auditor or general
manager. The number of corporate officers is thus limited by law and by the corporation’s bylaws.”
22. SC cited the case of Tabang v. NLRC where it made the following pronouncement on the nature of
corporate offices:
Office is created by the charter of the corporation and the officer is elected by the directors
and stockholders.
Employee usually occupies no office and generally is employed not by action of the
directors or stockholders but by the managing officer of the corporation who also determines
the compensation to be paid to such employee.
23. SC: Two circumstances which must concur in order for an individual to be considered a corporate
officer as against an ordinary employee or officer
a. The creation of the position is under the corporation’s charter or by laws
b. The election of the officer is by the directors or stockholders.
24. It is only when the officer claiming to have been illegally dismissed is classified as such corporate
officer that the issue is deemed an intracorporate dispute which falls within the jurisdiction of
the trial courts.
25. SC: The respondents failed to sufficiently establish that the position of AVP for Sales was created by
virtue of an act of Broadcom’s board, and that RAUL was specifically elected or appointed to such
position by the directors. Although RAUL could indeed be classified as an officer as provided in the
General Information Sheets, his position could only be deemed a regular office, and not a corporate
office as it is defined under the Corporation Code.
26. SC: The mere fact that Cosare was a stockholder of Broadcom at the time of the case’s filing did not
necessarily make the action an intra corporate controversy.
27. SC: in determining the existence of an intracorporate dispute, the status or relationship of the parties
and the nature of the question that is the subject of the controversy must be taken into account.
28. Considering that the pending dispute particularly relates to RAUL’s rights and obligations as a regular
officer of Broadcom, instead of as a stockholder of the corporation, the controversy cannot be deemed
intracorporate.
29. It is consistent with the controversy test in Reyes v. RTC Br 142, to wit:
The incidents of the relationship must be considered. The controversy must not only be rooted
in the existence of an intracorporate relationship, but must as well pertain to the enforcement
of the parties’ correlative rights and obligations under the Corporation Code and the internal
and intracorporate regulatory rules of the corporation.
Digests by: Banaag, Somera 13
30. SC: CONTRUCTIVE DISMISSAL: He was constructively dismissed.
Constructive dismissal occurs when there is cessation of work because continued
employment is rendered impossible, unreasonable, or unlikely as when there is a demotion in
rank or diminution in pay or when a clear discrimination, insensibility, or disdain by an
employer becomes unbearable to the employee leaving the latter with no other option but to
quit.”
31. SC cited the case of Dimagan v. Dacworks United.
The test of constructive dismissal is whether a reasonable person in the employee’s position would
have felt compelled to give up his position under the circumstances. It is an act amounting to dismissal
but is made to appear as if it were not. Constructive dismissal is therefore a dismissal in disguise.
32. The clear intent of the respondents to find fault in RAUL was also manifested by their persistent
accusation that RAUL abandoned his post, allegedly signified by his failure to report to work or file a
leave of absence beginning April 1, 2009.
33. The court reiterated that an illegally or constructive dismissed employee is entitled to
a. Either reinstatement, if viable or separation pay, if reinstatement is no longer viable and
b. Backwages. The award of exemplary damages was also justified given the NLRC’s finding that
the respondents acted in bad faith and in a wanton, oppressive and malevolent manner when they
dismissed RAUL . It is also by reason of such bad faith that DANTE was correctly declared
solidarily liable for the monetary awards.
34. WHEREFORE, the petition is GRANTED. The Decision dated November 24, 2011 and Resolution
dated March 26, 2012 of the Court of Appeals in CAG.R. SP. No. 117356 are SET ASIDE. The
Decision dated August 24, 2010 of the National Labor Relations Commission in favor of petitioner
Raul C. Cosare is AFFIRMED.
Digests by: Banaag, Somera 14