REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
NATIONAL CAPITAL REGION
PPSTA BLDG., BANAWE AVE., QUEZON CITY

ARCADIO,
Complainant,
NLRC RAB NCR
- Versus - CASE NO. NCR-

PH GLOBAL JET EXPRESS INC.

(J&T EXPRESS).
Respondent.
x-------------------------------------------------------x

POSITION PAPER FOR THE RESPONDENT

The RESPONDENT, through the undersigned counsel, most

respectfully submit this Position Paper for the consideration of the

Honorable Labor Arbiter:

PREFATORY

Resignation is the voluntary act of an employee who is in a

situation where one believes that personal reasons cannot

be sacrificed in favor of the exigency of the service, and one

has no other choice but to dissociate oneself from

employment. Relatively, in illegal dismissal cases, the

defense of voluntary resignation may be interposed by the

employer if so, and adequately proven by the latter.

1
 STATEMENT OF FACTS

1. The complainant is ARCADIO, a Filipino, of legal age, and residing

at x x x where she may be served with notices, orders, and

processes of this Honorable Office.

2. The respondent in this case is PH GLOBAL JET EXPRESS INC.

(J&T EXPRESS), a duly established corporation under the laws of

the Philippines. They hold office at 11 Floor, Marajo Tower, 312 ,

26th Street West corner 4th Avenue, Bonifacio Global City, Taguig

City. A copy of the Certificate of Registration issued by the Security

and Exchange Commission in favor of Respondent Company is

attached hereto as Annex “1.”

3. Respondent may be served with pleadings, orders, resolutions,

notices and other legal processes by this Honorable Office at the

address of the undersigned counsel indicated below.

4. This is a case for illegal dismissal filed by the Complainant against

the Respondents.

5. Complainant Arcadio was hired by the company as Human

Resource Administrative Staff on January 10, 2020.

6. Complainant was asked by his immediate supervisor to submit a

report as part of his duty and responsibility under the said office on

December 15, 2020.

2
7. The complainant failed to deliver the required report with no

justified reason. Thus, he was reprimanded by his immediate

supervisor.

8. Complainant formally offered his resignation from the company on

January 15, 2021, stating that the same is “effective immediately.”

A copy of the said Resignation Letter executed by the Complainant

and duly submitted to the Human Resource Manager of the

Company is attached as Annex “2.”

9. Complainant ceased from reporting to work starting January 18,

2021. He had also collected his personal belongings from his desk

on the said date.

10. On January 25, 2021, Complainant filed an illegal dismissal case

against the Respondents, to the latter’s surprise.

11. Both of the parties attended and participated in the Single-Entry

Approach (SENA) and conciliation proceedings as required under

the law, but no settlement was arrived at.

12. Hence, this Position Paper.

THE ISSUE

Respondent respectfully submits the following issue for the

resolution of the Honorable Commission:

WHETHER OR NOT RESPONDENT MAY BE HELD TO

HAVE ILLEGALLY DISMISSED THE COMPLAINANT
NOTWITHSTANDING THE FACT OF THE LATTER’S
VOLUNTARY RESIGNATION.

3
 ARGUMENTS AND DISCUSSION

Voluntary Resignation
By the Employee

In a litany of cases, the Supreme Court has consistently held that,

“In voluntary resignation, the employee is compelled by personal

reason(s) to disassociate himself from employment. It is done with

the intention of relinquishing an office, accompanied by the act of

abandonment. To determine whether the employee indeed intended

to relinquish such employment, the act of the employee before and

after the alleged resignation must be considered.1”

Complainant, in executing a formal letter of resignation and

submitting the same to the Human Resource Manager, shows his

intention to relinquish and abandon his office. The act of collecting

his personal effects from his designated desk on January 18, 2021

furthers this assertion.

The fact of the same negates the claim of the employee having been

illegally dismissed. Complainant failed to prove that he has been

dismissed by the Respondent, more so illegally.

Employee who fails to tender 30-day notice as required

by law and the employment contract is liable for damages

Article 300 of the Labor Code provides that:

"ART. 300. (285) Termination by employee. - (a) An employee

may terminate without just cause the employee-employer
relationship by serving a written notice on the employer at least

1
GRANDE v. PHILIPPINE NAUTICAL TRAINING COLLEGE (G.R. No. 213137)

4
 one (1) month in advance. The employer upon whom no such
notice was served may hold the employee liable for damages.

(b) An employee may put an end to the relationship without

serving any notice on the employer for any of the following just
causes:

1. Serious insult by the employer or his representative on the

honor and person of the employee;

2. Inhuman and unbearable treatment accorded the employee

by the employer or his representative;

3. Commission of a crime or offense by the employer or his

representative against the person of the employee or any of the
immediate members of his family; and

4. Other causes analogous to any of the foregoing."

There being no proven cause belonging to the aforementioned, the

Complainant, in tendering his resignation stating that the same be

“effective immediately,” shall merit the claim of the Respondent for

damages.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of the

Honorable Labor Arbiter that an order be issued to dismiss all other

claims made by the Complainant for lack of merit. Respondent prays

for such other just and equitable reliefs under the premises.

MOST RESPECTFULLY SUBMITTED.

March 9, 2022, Makati City.

RESPONDENT

5
 SUBSCRIBED AND SWORN TO BEFORE ME in xxx City on
XXX affiant showing his competent proof of identity as follows: LTO
Driver’s License No. x x x.

NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2022.

Copy Furnished:

Complainant
(Address)