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

ABELLA, respondent
G.R. no. 153904, January 17, 2005

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 said
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 to
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
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 and he also state that he’s willing to accept a provincial assignment on his application for employment.
Therefore, the dismissal is valid.

HELD:

Wherefore, petition is Granted.