Central Azucarera de Bais, Inc. v.

Siason
G.R. No. 215555 2015 July 29
First Division, Perlas-Bernabe

Siason, the purchasing officer of CABI, was confronted by Chan on the

propriety of the delivery of a machine. She explained that such
delivery benefited the company, but the latter considered the same as
a big infraction of their company rules. Later that day, Siason received
a letter from Chan informing her that she had been committing various
purchasing policy violations for the past 12 months and the company
could no longer turn a blind eye; as such, she should tender her
immediate resignation rather than "to force his hand". The following
day, Siason received another letter from CABI's legal officer regarding
Chan's letter. Consequently, Siason tendered her resignation letter.
Siason then filed a complaint for illegal dismissal against Petitioners
alleging that she was forced to resign, thus, she was constructively
dismissed. Petitioners contend that there is no constructive dismissal
to speak of given that they merely afforded Siason the option to have
a "graceful exit" taking into consideration her long tenure and close
relationship with Chan.
Was there constructive dismissal?
No. Chan's letter should be construed as Chan telling Siason to resign
or be faced with an administrative complaint. The company's legal
officer sent Siason another letter, essentially confirming if the latter
was going to resign or if she is subjecting herself to an administrative
investigation. Ultimately, Siason chose to tender her resignation to
save herself from the trouble of besmirching her employment record.
It is settled that there is nothing reprehensible or illegal to give an
employee a chance to resign and save face rather than smear the
latter’s employment record. In sum, petitioners did not constructively
dismiss Siason; but rather, the latter voluntarily resigned in order to
avoid a full-blown administrative trial regarding her misdeeds, which
could potentially result in her termination for just cause.

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