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Digest 5
Digest 5
ABELLA, respondent
G.R. no. 153904, January 17, 2005
FACTS:
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:
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.
Review of records shows that there is a valid reason behind the transfer of Abella: due to
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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: