i. Abundo, Rio Jamyr A.

ii. G.R. No. 212003

PHILIPPINE SPAN ASIA CARRIERS CORPORATION (FORMERLY
SULPICIO LINES, INC.), Petitioner
vs.
HEIDI PELAYO, Respondent
February 28, 201
iii. Issue
 Does investigation of an employer following the discovery of misdeeds involving
its employee be considered as part of its management prerogative, considering the
labor laws protecting the rights of the employees

iv. Petitioner’s Argument

 Petitioner argues that the investigation they did was part of their management
prerogative and not to cause any harm on the involved employee;

v. Respondent’s Argument
 Pelayo contended that the petitioner constructively dismisses her

vi. Instruction Learned/ Decision of the Court

 Employers can also place employees under preventive suspension, not as a
penalty in itself, but as an intervening means to enable unhampered investigation
and to foreclose "a serious and imminent threat to the life or property of the
employer or of the employee's co-workers."

As  what the court ruled in Artificio v. National Labor Relations Commission,
Management has the prerogative to discipline its employees and to impose
appropriate penalties on erring workers pursuant to company rules and
regulations.
 Resolving allegations of constructive dismissal is not a one-sided affair impelled
by romanticized sentiment for a preconceived underdog. Rather, it is a question of
justice that "hinges on whether, given the circumstances, the employer acted fairly
in exercising a prerogative
vii. Ratio
 Employees cannot tie employers' hands, incapacitating them, and preemptively
defeating investigations with laments of how the travails of their involvement in
such investigations translates to their employers' fabrication of an inhospitable
employment atmosphere so that an employee is left with no recourse but to resign.