PNOC-EDC, et. Al., petitioners, vs. FREDERICK V.

ABELLA, responden
G.R. no. 153904, January 17, 200

FACTS

Frederick V. Abella started working for Philippine National Oil Company-Energy Development
Corporation (PNOC-EDC) on June 1, 1989. Less than one year later, or on April 20, 1990, Abella
was informed that his employment with PNOC-EDC would be terminated effective May 21, 1990,
due to a company-wide reorganization in regards to its Manpower Reduction Program, wherein the
position of Security Assistant, Abella’s position, had been abolished

Abella led complaint and, when the results came, he was recalled to the company but to another
position since his old position was abolished. As time passes, he was repositioned to the security
department and then transferred to different sites

However, the directives, such as reporting immediately to one site and then immediately reporting
back to the other, were disregarded or ignored by Abella stating that he was not reinstated to his
former position as Security Assistant per Writ of Execution issued by the labor arbiter

Abella continue disregarding directives for transferring another until he received notice of termination
on the ground of insubordination or willful disobedience

ISSUE

Whether or not there is insubordination or willful disobedience on the part of Abella

RATIONALE

Insubordination or willful disobedience must have: (a.) reasonable and lawful orders, regulations or
instructions of the employer, (b.) suf ciently known to the employee, and (c.) in connection with the
duties which the employee has been engaged to discharge

In the case at bar, respondent Abella was well informed of the orders of transfer and sai
orders were well in connection with the security functions of respondent

The reasonableness and lawfulness of an order depend on the circumstances availing in each case.
Reasonableness pertains to the kind or character of directives and commands and to the manner in
which they are made. The petitioners claim that the orders were well within their managerial
prerogative to make

Review of records shows that there is a valid reason behind the transfer of Abella: due t
the emergency need of the state of affairs in the geothermal plant/or other site of the company. In
addition, the job description of Abella states reassignment from one place to another, depending on
security needs and he also state that he’s willing to accept a provincial assignment on his application
for employment. Therefore, the dismissal is valid

HELD
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:

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.

Wherefore, petition is Granted.