Professional Documents
Culture Documents
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* SECOND DIVISION.
141
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protection of the laws,” Article II, Section 14 exhorts the State to “ensure.”
This does not only mean that the Philippines shall not countenance nor lend
legal recognition and approbation to measures that discriminate on the basis
of one’s being male or female. It imposes an obligation to actively engage in
securing the fundamental equality of men and women. The Convention on
the Elimination of all Forms of Discrimination against Women (CEDAW),
signed and ratified by the Philippines on July 15, 1980, and on August 5,
1981, respectively, is part of the law of the land. In view of the widespread
signing and ratification of, as well as adherence (in practice) to it by states,
it may even be said that many provisions of the CEDAW may have become
customary international law.
Constitutional Law; Equal Protection of the Laws; Apart from the
constitutional policy on the fundamental equality before the law of men and
women, it is settled that contracts relating to labor and employment are
impressed with public interest.—Apart from the constitutional policy on the
fundamental equality before the law of men and women, it is settled that
contracts relating to labor and employment are impressed with public
interest. Article 1700 of the Civil Code provides that “[t]he relation between
capital and labor are not merely contractual. They are so impressed with
public interest that labor contracts must yield to the common good.”
Conflict of Laws; As the present dispute relates to (what the
respondents allege to be) the illegal termination of respondents’
employment, this case is immutably a matter of public interest and public
policy. Consistent with clear pronouncements in law and jurisprudence,
Philippine laws properly find application in and govern this case.—As the
present dispute relates to (what the respondents allege to be) the illegal
termination of respondents’ employment, this case is immutably a matter of
public interest and
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Even if we were to assume, for the sake of discussion, that it is the laws of
Saudi Arabia which should apply, it does not follow that Philippine tribunals
should refrain from exercising jurisdiction. To recall our pronouncements in
Puyat, as well as in Bank of America NT&SA v. Court of Appeals, 400
SCRA 156 (2003), it is not so much the mere applicability of foreign law
which calls into operation forum non conveniens. Rather, what justifies a
court’s desistance from exercising jurisdiction is “[t]he difficulty of
ascertaining foreign law” or the inability of a “Philippine Court . . . to make
an intelligent decision as to the law[.]” Consistent with lex loci intentionis,
to the extent that it is proper and practicable (i.e., “to make an intelligent
decision”), Philippine tribunals may apply the foreign law selected by the
parties. In fact, (albeit without meaning to make a pronouncement on the
accuracy and reliability of respondents’ citation) in this case, respondents
themselves have made averments as to the laws of Saudi Arabia.
Same; The immense public policy considerations attendant to this case
behoove Philippine tribunals to not shy away from their duty to rule on the
case.—All told, the considerations for assumption of jurisdiction by
Philippine tribunals as outlined in Bank of America NT&SA have been
satisfied. First, all the parties are based in the Philippines and all the
material incidents transpired in this jurisdiction. Thus, the parties may
conveniently seek relief from Philippine tribunals. Second, Philippine
tribunals are in a position to make an intelligent decision as to the law and
the facts. Third, Philippine tribunals are in a position to enforce their
decisions. There is no
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clear that respondents intended to remain employed with Saudia. All they
did was avail of their maternity leaves. Evidently, the very nature of a
maternity leave means that a pregnant employee will not report for work
only temporarily and that she will resume the performance of her duties as
soon as the leave allowance expires. It is also clear that respondents exerted
all efforts to remain employed with Saudia. Each of them repeatedly filed
appeal letters (as much as five [5] letters in the case of Rebesencio) asking
Saudia to reconsider the ultimatum that they resign or be terminated along
with the forfeiture of their benefits. Some of them even went to Saudia’s
office to personally seek reconsideration.
Same; Termination of Employment; In termination of cases, the burden
of proving just or valid cause for dismissing an employee rests on the
employer.—“In termination of cases, the burden of proving just or valid
cause for dismissing an employee rests on the employer.” In this case,
Saudia makes much of how respondents supposedly completed their exit
interviews, executed quitclaims, received their separation pay, and took
more than a year to file their Complaint. If at all, however, these
circumstances prove only the fact of their occurrence, nothing more. The
voluntariness of respondents’ departure from Saudia is non sequitur.
146
entitled to separation pay in the amount of one (1) month’s salary for every
year of service until the finality of this Decision, with a fraction of a year of
at least six (6) months being counted as one (1) whole year.
Same; Same; Same; Moral Damages; Moral damages are awarded in
termination cases where the employee’s dismissal was attended by bad faith,
malice or fraud, or where it constitutes an act oppressive to labor, or where
it was done in a manner contrary to morals, good customs or public policy.
—“[M]oral damages are awarded in termination cases where the employee’s
dismissal was attended by bad faith, malice or fraud, or where it constitutes
an act oppressive to labor, or where it was done in a manner contrary to
morals, good customs or public policy.” In this case, Saudia terminated
respondents’ employment in a manner that is patently discriminatory and
running afoul of the public interest that underlies
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LEONEN, J.:
All Filipinos are entitled to the protection of the rights guaranteed
in the Constitution.
This is a Petition for Review on Certiorari with application for
the issuance of a temporary restraining order and/or writ of
preliminary injunction under Rule 45 of the 1997 Rules of Civil
Procedure praying that judgment be rendered reversing and setting
aside the June 16, 2011 Decision1 and September 13, 2011
Resolution2 of the Court of Appeals in C.A.-G.R. S.P. No. 113006.
Petitioner Saudi Arabian Airlines (Saudia) is a foreign
corporation established and existing under the laws of Jeddah,
Kingdom of Saudi Arabia. It has a Philippine office located at 4/F,
Metro House Building, Sen. Gil J. Puyat Avenue, Makati City.3 In its
Petition filed with this court, Saudia identified itself as follows:
Respondents (complainants before the Labor Arbiter) were
recruited and hired by Saudia as Temporary Flight Attendants with
the accreditation and approval of the Philippine Overseas
Employment Administration.5 After undergoing
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6 Id., at p. 596.
7 Id., at pp. 604 and 614.
8 Id., at p. 625.
9 Id., at p. 62.
10 Id., at p. 635.
11 Id., at pp. 600, 607-608, 618-619, and 627.
12 Id., at pp. 600, 608, 620, and 627.
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13 Id., at p. 600.
14 Id., at pp. 607-608.
15 Id., at pp. 618-619.
16 Id., at p. 627.
17 Id., at pp. 736-740. The Unified Contract is attached to Respondents’
Comment as Annex “ZZ.”
18 Id., at p. 739.
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23
September 13, 2006, and Loraine filed her maternity leave
application on August 22, 2006.24
Rather than comply and tender resignation letters, respondents
filed separate appeal letters that were all rejected.25
Despite these initial rejections, respondents each received calls
on the morning of November 6, 2006 from Saudia’s office secretary
informing them that their maternity leaves had been approved.
Saudia, however, was quick to renege on its approval. On the
evening of November 6, 2006, respondents again received calls
informing them that it had received notification from Jeddah, Saudi
Arabia that their maternity leaves had been disapproved.26
Faced with the dilemma of resigning or totally losing their
benefits, respondents executed handwritten resignation letters. In
Montassah’s and Rouen Ruth’s cases, their resignations were
executed on Saudia’s blank letterheads that Saudia had provided.
These letterheads already had the word
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30
forum non conveniens. It added that respondents had no cause of
action as they resigned voluntarily.31
On December 12, 2008, Executive Labor Arbiter Fatima
JambaroFranco rendered the Decision32 dismissing respondents’
Complaint. The dispositive portion of this Decision reads:
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27 Id., at p. 610. See also pp. 715 and 750, Annexes “FF” and “EEE” of
Respondents’ Comment.
28 Id., at pp. 16, 372-373.
29 Id., at pp. 297-307.
30 Id., at pp. 307-312.
31 Id., at pp. 184-201.
32 Id., at pp. 372-383.
33 Id., at p. 383.
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34 Id., at p. 163.
35 Id., at p. 164.
36 Id., at pp. 159-167.
37 Id., at p. 166.
38 Id., at pp. 170-172.
39 Id., at pp. 61-75.
154
In the Resolution dated September 13, 2011,41 denied petitioners’
Motion for Reconsideration.
Hence, this Appeal was filed.
The issues for resolution are the following:
First, whether the Labor Arbiter and the National Labor
Relations Commission may exercise jurisdiction over Saudi Arabian
Airlines and apply Philippine law in adjudicating the present
dispute;
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40 Id., at p. 74.
41 Id., at pp. 106-108.
155
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42 Id., at p. 9.
43 Id., at p. 21.
44 Id., at p. 22.
45 Id., at pp. 21-23.
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A plain application of Section 3(d) of the Foreign Investments
Act leads to no other conclusion than that Saudia is a foreign
corporation doing business in the Philippines. As such, Saudia may
be sued in the Philippines and is subject to the jurisdiction of
Philippine tribunals.
Moreover, since there is no real distinction between “Saudia
Jeddah” and “Saudia Manila” — the latter being
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46 Id., at p. 9.
47 Id., at pp. 173-203. Saudia’s position paper, attached as Annex “C” in the
Petition for Certiorari before the Court of Appeals, is attached to the Petition for
Review on Certiorari before this court as Annex “D.”
48 Id., at p. 176.
49 Id., at pp. 177-181.
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In contrast, forum non conveniens is a device akin to the rule
against forum shopping. It is designed to frustrate illicit means for
securing advantages and vexing litigants that would otherwise be
possible if the venue of litigation (or dispute resolution) were left
entirely to the whim of either party.
Contractual choice of law provisions factor into transnational
litigation and dispute resolution in one of or in a com-
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50 Id., at p. 23.
51 Id.
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As various dealings, commercial or otherwise, are facilitated by
the progressive ease of communication and travel,
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52 563 Phil. 572; 538 SCRA 261 (2007) [Per J. Nachura, Third Division].
53 Id., at p. 585; p. 273, citing Coquia and Aguiling-Pangalangan, Conflict of
Laws, p. 64 (1995 ed.); Scoles, Hay, Borchers, Symeonides, Conflict of Laws, p. 162
(3rd ed., 2000); and Shaffer v. Heitner, 433 U.S. 186, 215; 97 S.Ct. 2569, 2585
(1977), citing Justice Black’s Dissenting Opinion in Hanson v. Denckla, 357 U.S.
235, 258; 78 S. Ct. 1228, 1242 (1958).
159
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Philippine law is definite as to what governs the formal or
extrinsic validity of contracts. The first paragraph of Article 17 of
the Civil Code provides that “[t]he forms and solemnities of
contracts . . . shall be governed by the laws of the country in which
they are executed”55 (i.e., lex loci celebrationis).
In contrast, there is no statutorily established mode of settling
conflict of laws situations on matters pertaining to substantive
content of contracts. It has been noted that three (3) modes have
emerged: (1) lex loci contractus or the law of the place of the
making; (2) lex loci solutionis or the law of the
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160
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161
Saudia asserts that stipulations set in the Cabin Attendant
contracts require the application of the laws of Saudi Arabia. It
insists that the need to comply with these stipulations calls into
operation the doctrine of forum non conveniens and, in turn, makes
it necessary for Philippine tribunals to refrain from exercising
jurisdiction.
As mentioned, contractual choice of laws factors into
transnational litigation in any or a combination of four (4) ways.
Moreover, forum non conveniens relates to one of these: choosing
between multiple possible fora.
Nevertheless, the possibility of parallel litigation in multiple fora
— along with the host of difficulties it poses — is not unique to
transnational litigation. It is a difficulty that similarly arises in
disputes well within the bounds of a singe jurisdiction.
When parallel litigation arises strictly within the context of a
single jurisdiction, such rules as those on forum shopping, litis
pendentia, and res judicata come into operation. Thus, in the
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59 Id., at pp. 288-289; pp. 214-215, citing Paras, Edgardo L., Philippine Conflict
of Laws, p. 414 (6th ed., 1984); and Salonga, Jovito R., Private International Law, p.
356 (1995 ed.).
60 1997 Rules of Civ. Proc., Rule 7, Sec. 5:
Section 5. Certification against forum shopping.—The plaintiff or principal
party shall certify under oath in the complaint or other initiatory pleading asserting a
claim for relief, or in a sworn certification annexed thereto and simultaneously filed
therewith : (a) that he has not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial
162
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agency and, to the best of his knowledge, no such other action or claim is pending
therein; (b) if there is such other pending action or claim, a complete statement of the
present status thereof; and (c) if he should thereafter learn that the same or similar
action or claim has been filed or is pending, he shall report that fact within five (5)
days therefrom to the court wherein his aforesaid complaint or initiatory pleading has
been filed.
Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise provided, upon motion and
after hearing. The submission of a false certification or noncompliance with any of
the undertakings therein shall constitute indirect contempt of court, without prejudice
to the corresponding administrative and criminal actions. If the acts of the party or his
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counsel clearly constitute willful and deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice and shall constitute direct contempt, as
well as a cause for administrative sanctions.
61 1997 Rules of Civ. Proc., Rule 16, Sec. 1:
Section 1. Grounds.—Within the time for but before filing the answer to the
complaint or pleading asserting a claim, a motion to dismiss may be made on any of
the following grounds:
. . . .
(e) That there is another action pending between the same parties for the same
cause;
(f) That the cause of action is barred by a prior judgment or by the statute of
limitations[.]
163
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62 Pioneer Concrete Philippines, Inc. v. Todaro, 551 Phil. 589, 599; 524 SCRA
153, 164 (2007) [Per J. Austria-Martinez, Third Division], citing Bank of America
NT&SA v. Court of Appeals, 448 Phil. 181; 400 SCRA 156 (2003) [Per J. Austria-
Martinez, Second Division].
63 First Philippine International Bank v. Court of Appeals, 322 Phil. 280, 303;
252 SCRA 259, 281 (1996) [Per J. Panganiban, Third Division].
64 See Malayang Samahan ng Manggagawa sa Balanced Food v. Pinakamasarap
Corporation, 464 Phil. 998, 1000-1001; 420 SCRA 84, 85 (2004) [Per J. Sandoval-
Gutierrez, Third Division], citing Arenas v. Court of Appeals, 399 Phil. 372; 345
SCRA 617 (2000) [Per J. Pardo, First Division]:
“The doctrine of res judicata is a rule which pervades every well regulated system
of jurisprudence and is founded upon two grounds embodied in various maxims of the
common law, namely: (1) public policy and necessity which makes it to the interest of
the State that there should be an end to litigation, interest reipublicae ut sit finis
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litumi; and (2) the hardship on the individual that he should be vexed twice for the
same cause, memo debet bis vexari et eadem causa.”
65 Bermann, George A., supra note 54 at p. 87.
“Most civil law jurisdictions are quite unfamiliar with, and find odd, the notion of
dismissals or stays for forum non conveniens; they tend to address problems of
parallel litigation, if at all, through other
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1) The belief that the matter can be better tried and decided elsewhere,
either because the main aspects of the case transpired in a foreign
jurisdiction or the material witnesses have their residence there;
2) The belief that the nonresident plaintiff sought the forum[,] a practice
known as forum shopping[,] merely to secure procedural advantages or to
convey or harass the defendant;
3) The unwillingness to extend local judicial facilities to nonresidents or
aliens when the docket may already be overcrowded;
4) The inadequacy of the local judicial machinery for effectuating the
right sought to be maintained; and
5) The difficulty of ascertaining foreign law.69
In Bank of America NT & SA, Bank of America International,
Ltd. v. Court of Appeals,70 this court underscored that a
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167
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170
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Article II, Section 14 of the 1987 Constitution provides that
“[t]he State . . . shall ensure the fundamental equality before the law
of women and men.” Contrasted with Article II, Section 1 of the
1987 Constitution’s statement that “[n]o person shall . . . be denied
the equal protection of the laws,” Article II, Section 14 exhorts the
State to “ensure.” This does not only mean that the Philippines shall
not countenance nor lend legal recognition and approbation to
measures that discriminate on the basis of one’s being male or
female. It imposes an obligation to actively engage in securing the
fundamental equality of men and women.
The Convention on the Elimination of all Forms of
Discrimination against Women (CEDAW), signed and ratified by the
Philippines on July 15, 1980, and on August 5, 1981, respectively,81
is part of the law of the land. In view of the widespread signing and
ratification of, as well as adherence (in practice) to it by states, it
may even be said that many provi-
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79 268 Phil. 92; 190 SCRA 90 (1990) [Per J. Feliciano, Third Division].
80 Id., at p. 101; p. 99.
81 Also signed and ratified by the Kingdom of Saudi Arabia. See United Nations
Treaty Collection <https://treatie s.un.org/Pages/View
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The constitutional exhortation to ensure fundamental equality, as
illumined by its enabling law, the CEDAW, must inform and animate
all the actions of all personalities acting on behalf of the State. It is,
therefore, the bounden duty of this court, in rendering judgment on
the disputes brought before it, to ensure that no discrimination is
heaped upon women on the mere basis of their being women. This is
a point so basic and central that all our discussions and
pronouncements — regardless of whatever averments there may be
of foreign law — must proceed from this premise.
So informed and animated, we emphasize the glaringly
discriminatory nature of Saudia’s policy. As argued by respondents,
Saudia’s policy entails the termination of employment of flight
attendants who become pregnant. At the risk of stating the obvious,
pregnancy is an occurrence that pertains specifically to women.
Saudia’s policy excludes from and restricts employment on the basis
of no other consideration but sex.
We do not lose sight of the reality that pregnancy does present
physical limitations that may render difficult the per-
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un.org/doc/Publication/UNTS/Volume%201249/ v1249.pdf>.
173
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174
As the present dispute relates to (what the respondents allege to
be) the illegal termination of respondents’ employment, this case is
immutably a matter of public interest and public policy. Consistent
with clear pronouncements in law and jurisprudence, Philippine
laws properly find application in and govern this case. Moreover, as
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175
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87 561 Phil. 688; 535 SCRA 184 (2007) [Per J. Carpio, Second Division].
88 87 Id., at p. 700; p. 593.
89 Pacific Consultants International Asia, Inc. v. Schonfeld,
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177
First, there is no basis for concluding that the case can be more
conveniently tried elsewhere. As established earlier, Saudia is doing
business in the Philippines. For their part, all four (4) respondents
are Filipino citizens maintaining residence in the Philippines and,
apart from their previous employment with Saudia, have no other
connection to the Kingdom of Saudi Arabia. It would even be to
respondents’ inconvenience if this case were to be tried elsewhere.
Second, the records are bereft of any indication that respondents
filed their Complaint in an effort to engage in forum shopping or to
vex and inconvenience Saudia.
Third, there is no indication of “unwillingness to extend local
judicial facilities to nonresidents or aliens.”93 That Saudia has
managed to bring the present controversy all the way to this court
proves this.
Fourth, it cannot be said that the local judicial machinery is
inadequate for effectuating the right sought to be maintained.
Summons was properly served on Saudia and jurisdiction over its
person was validly acquired.
Lastly, there is not even room for considering foreign law.
Philippine law properly governs the present dispute.
As the question of applicable law has been settled, the supposed
difficulty of ascertaining foreign law (which requires the application
of forum non conveniens) provides no insurmountable
inconvenience or special circumstance that will justify depriving
Philippine tribunals of jurisdiction.
Even if we were to assume, for the sake of discussion, that it is
the laws of Saudi Arabia which should apply, it does not follow that
Philippine tribunals should refrain from exercising jurisdiction. To
recall our pronouncements in Puyat,94 as well
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93 Id., citing Salonga, Jovito R., Private International Law, p. 47 (1979 ed.).
94 Id.
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Under the Labor Laws of Saudi Arabia and the Philippines[,] it is illegal
and unlawful to terminate the employment of any woman by virtue of
pregnancy. The law in Saudi Arabia is even more harsh and strict [sic] in
that no employer can terminate the employment of a female worker or give
her a warning of the same while on Maternity Leave, the specific provision
of Saudi Labor Laws on the matter is hereto quoted as follows:
“An employer may not terminate the employment of a female worker or
give her a warning of the same while on maternity leave.” (Article 155,
Labor Law of the Kingdom of Saudi Arabia, Royal Decree No. M/51)99
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179
been satisfied. First, all the parties are based in the Philippines and
all the material incidents transpired in this jurisdiction. Thus, the
parties may conveniently seek relief from Philippine tribunals.
Second, Philippine tribunals are in a position to make an intelligent
decision as to the law and the facts. Third, Philippine tribunals are in
a position to enforce their decisions. There is no compelling basis
for ceding jurisdiction to a foreign tribunal. Quite the contrary, the
immense public policy considerations attendant to this case behoove
Philippine tribunals to not shy away from their duty to rule on the
case.
IV
Respondents were illegally terminated.
In Bilbao v. Saudi Arabian Airlines,101 this court defined
voluntary resignation as “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. It is a
formal pronouncement or relinquishment of an office, with the
intention of relinquishing the office accompanied by the act of
relinquishment.”102 Thus, essential to the act of resignation is
voluntariness. It must be the result of an employee’s exercise of his
or her own will.
In the same case of Bilbao, this court advanced a means for
determining whether an employee resigned voluntarily:
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180
On the other hand, constructive dismissal has been defined as
“cessation of work because ‘continued employment is rendered
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181
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182
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183
3. In what respects has the job met or failed to meet your expectations?
THE SUDDEN TWIST OF DECISION REGARDING THE
MATERNITY LEAVE.116
b. From Loraine’s exit interview form:
1. What are your main reasons for leaving Saudia? What company are
you joining?
x x x x x x x x x
Others
CHANGING POLICIES REGARDING MATERNITY LEAVE
(PREGNANCY)117
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month’s salary for every year of service until the finality of this
Decision, with a fraction of a year of at least six (6) months being
counted as one (1) whole year.
Moreover, “[m]oral damages are awarded in termination cases
where the employee’s dismissal was attended by bad faith, malice or
fraud, or where it constitutes an act oppressive to labor, or where it
was done in a manner contrary to morals, good customs or public
policy.”120 In this case, Saudia terminated respondents’ employment
in a manner that is patently discriminatory and running afoul of the
public interest that underlies employer-employee relationships. As
such, respondents are entitled to moral damages.
To provide an “example or correction for the public good”121 as
against such discriminatory and callous schemes, respondents are
likewise entitled to exemplary damages.
In a long line of cases, this court awarded exemplary damages to
illegally dismissed employees whose “dismissal[s were] effected in
a wanton, oppressive or malevolent manner.”122 This court has
awarded exemplary damages to employees who were terminated on
such frivolous, arbitrary, and unjust grounds as membership in or
involvement with labor
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120 San Miguel Properties Philippines, Inc. v. Gucaban, G.R. No. 153982, July
18, 2011, 654 SCRA 18, 33 [Per J. Peralta, Third Division], citing Mayan Hotel and
Restaurant v. Adana, 497 Phil. 892, 922; 458 SCRA 609, 639 (2005) [Per J. Puno,
Second Division]; Litonjua Group of Companies v. Vigan, 412 Phil. 627, 643; 360
SCRA 194, 208 (2001) [Per J. Gonzaga-Reyes, Third Divisionl; Equitable Banking
Corp. v. NLRC, 339 Phil. 541, 565; 273 SCRA 352, 379 (1997) [Per J. Vitug, First
Division]; Philippine Airlines, Inc. v. NLRC, 328 Phil. 814, 830; 259 SCRA 459, 473
(1996) [Per J. Francisco, Third Division]; and Maglutac v. NLRC, G.R. Nos. 78345
and 78637, September 21, 1990, 189 SCRA 767 [Per J. Peralta, Third Division].
121 Civil Code. Art. 2229.
122 Quadra v. Court of Appeals, 529 Phil. 218; 497 SCRA 221 (2006) [Per J.
Puno, Second Division].
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123 Id.; Nueva Ecija I Electric Cooperative, Inc. Employees Association v. NLRC,
380 Phil. 45; 323 SCRA 86 (2000) [Per J. Quisumbing, Second Division].
124 U-Bix Corporation v. Bandiola, 552 Phil. 633; 525 SCRA 566 (2007) [Per J.
Chico-Nazario, Third Division].
125 Triple Eight Integrated Services, Inc. v. NLRC, 359 Phil. 955; 299 SCRA 608
(1998) [Per J. Romero, Third Division].
126 Estiva v. NLRC, G.R. No. 95145, August 5, 1993, 225 SCRA 169 [Per J.
Bidin, Third Division].
127 Kay Products, Inc. v. Court of Appeals, 502 Phil. 783; 464 SCRA 544 (2005)
[Per J. Callejo, Sr., Second Division].
128 Montinola v. PAL, G.R. No. 198656, September 8, 2014, 734 SCRA 439 [Per
J. Leonen, Second Division].
129 Const., Art. II, Sec. 14: The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the law of women and
men.
186
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130 Aliling v. Manuel, G.R. No. 185829, April 25, 2012, 671 SCRA 186, 220 [Per
J. Velasco, Third Division], citing Exodus International Construction Corporation v.
Biscocho, 659 Phil. 142; 644 SCRA 76 (2011) [Per J. Del Castillo, First Division] and
Lambert Pawnbrokers and Jewelry Corporation, G.R. No. 170464, July 12, 2010,
624 SCRA 705, 721 [Per J. Del Castillo, First Division].
131 Ever Electrical Manufacturing, Inc. (EEMI) v. Samahang Manggagawa ng
Ever Electrical, G.R. No. 194795, June 13, 2012, 672 SCRA 562, 572 [Per J.
Mendoza, Third Division], citing Malayang Samahan ng mga Manggagawa sa M.
Greenfield v. Ramos, 409 Phil. 75, 83; 357 SCRA 77, 93-94 (2001) [Per J. Gonzaga-
Reyes, Third Division].
132 Id.
187
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133 Id.
188
with it. (Steelcase, Inc. vs. Design International Selections, Inc., 670
SCRA 64 [2012])
As a general rule “the officer cannot be held personally liable
with the corporation, whether civilly or otherwise, for the
consequences of his acts, if acted for and in behalf of the
corporation, within the scope of his authority and in good faith.”
(Laborte vs. Pagsanjan Tourism Consumers’ Cooperative, 713
SCRA 536 [2014])
——o0o——
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* * Designated acting member per S.O. No. 1910 dated January 12, 2015.
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