AZCOR Manufacturing Inc., Filipinas Paso and/or Arturo
Zuluaga/Owner v NLRC and Candido Capulso | GR No.
117963, February 11, 1999| BELLOSILLO, J. | | by Jasper
FACTS:
● Candido worked as ceramics worker for 2+ years
from 3 April 1989 to 1 June 1991. From April to
September 1989 the amount of P50.00 was
deducted from his salary without informing him of
the reason.
● In the 2nd week of February 1991, upon doctor's
recommendation, Candido verbally requested to
go on sick leave due to bronchial asthma, directly
caused by his job where, for lack of the prescribed
occupational safety gadgets, he inhaled and
absorbed harmful ceramic dusts. His supervisor,
Ms. Apolinaria, approved his request. Later, on 1
June 1991, Candido went back to AZCOR to resume
his work after recuperating from his illness, but
was not allowed to do so by his supervisors who
informed him that only the owner, Zuluaga, could
allow him to continue in his job. He returned5
times to AZCOR but when it became apparent that
he would not be reinstated, he filed with LA a
complaint for illegal dismissal and illegal deduction
of P50.00 per day for the period April to
September 1989.
○ Petitioners moved to dismiss complaint,
no ER-EE relationship between AZCOR and
Candido, he became an employee of
Filipinas Paso effective 1 March 1990 but
voluntarily resigned a year after
● LA: denied motion to dismiss, lack of ER-EE
relationship not clearly established. Hearing
conducted.
○ Petitioners: Candido was former
employee of AZCOR who resigned on 28
February 1990 as evidenced by a letter of
resignation and joined Filipinas Paso on 1
March 1990 as shown by a contract of
employment; in February 1991 Candido
allegedly informed his supervisor, Ms.
Apolinaria, that he intended to go on
terminal leave because he was not feeling
well; on 1 March 1991 submitted a letter
of resignation addressed to the President
of Filipinas Paso, Manuel Montilla; and, in
June 1991 Candido tried to apply for work
again with Filipinas Paso but no vacancy
● LA: dismissed complaint for illegal dismissal for lack
of merit.
● NLRC: modified the LA: (a) declaring the dismissal
of Candido as illegal for lack of just and valid cause;
(b) ordering petitioners to reinstate Candido to his
former or equivalent xxx
○ Contract of employment: period is for 6
months, which establishes a presumption
that the said contract could pass either as
to cover the probationary period, or job
contracting, the completion of which
automatically terminates employment,
whichever will work to respondent's
advantage should the case be filed.
However, Candido continued working
after the lapse of the contract and until
alleged termination
○ 2 resignation letters allegedly executed by
Candido are exactly worded, which only
shows that they were prepared by
petitioners plus after the fact that
Candido denied having executed and
signed the same.
○ No interruption of service of Candido with
AZCOR from April 13 1989 up to June 1,
1991 when Candido was unceremoniously
dismissed. Considering that AZCOR and
Filipinas Paso orchestrated the events that
appeared to be in order with the alleged
execution of resignation letters likewise
showed bad faith
ISSUES/RATIO:
1. WoN Candido was illegally dismissed
a. Yes, he did not voluntary resign. To
constitute a resignation, it must be
unconditional and with the intent to
operate as such. There must be an
intention to relinquish a portion of the
term of office accompanied by an act of
relinquishment.
b. The fact that Candido signified his desire
to resume his work when he went back to
petitioner AZCOR after recuperating from
his illness, and actively pursued his case
for illegal dismissal when he was refused
admission by his employer, negated any
intention on his part to relinquish his job
at AZCOR.
c. Moreover, a closer look at the subject
resignation letters readily reveals the
following:
i. (a) the resignation letter
allegedly tendered by Capulso to
Filipinas Paso was identically
worded with that supposedly
addressed by him to AZCOR;
ii. (b) both were pre-drafted with
blank spaces filled up with the
purported dates of effectivity of
his resignation; and,
iii. (c) it was written in English, a
language which Capulso was not
conversant with considering his
low level of education. No other
plausible explanation can be
drawn from these circumstances
than that the subject letters of
resignation were prepared by a
person or persons other than
Capulso. And the fact that he
categorically disowned the
signatures therein and denied
having executed them clearly
indicates that the resignation
letters were drafted without his
consent and participation.
 d. Even assuming for the sake of argument
that the signatures were genuine, we still
cannot give credence to those letters in
the absence of any showing that Capulso
was aware that what he was signing then
were in fact resignation letters or that he
fully understood the contents thereof.
e. Having introduced those resignation
letters in evidence, it was incumbent upon
petitioners to prove clearly and
convincingly their genuineness and due
execution, especially considering the
serious doubts on their authenticity.
Petitioners miserably failed in this respect.
RULING: WHEREFORE, the petition is DISMISSED. The
NLRC Decision of 12 September 1994 is MODIFIED.
Petitioners AZCOR MANUFACTURING, INC., FILIPINAS
PASO and ARTURO ZULUAGA are ORDERED to pay, jointly
and solidarily, the heirs of private respondent Candido
Capulso the amounts representing his back wages,
inclusive of allowances and other benefits, and separation
pay to be computed in accordance with law.