G.R. No. 175988 - MA. FININA E. VICENTE, VS. THE HON. COURT OF APPEALS, FORMER SEVENTEENTH DIVISION AND CINDERELLA MARKETING CORPORATION. DECISION - Supreme Court E-Library

Ruling

Accordingly, an investigation was conducted and upon initial review of respondent's business records, it appears that petitioner was among those involved in the irregular and fraudulent preparation and encashment of respondent's corporate checks amounting to at least P500,000.00. [8] Petitioner alleged that Mr. Tecson demanded her resignation on several occasions. On February 15, 2000, Mr. Tecson allegedly told her "MAG-RESIGN KANA AGAD KASI MAIIPIT KAMI," in the presence of Lizz Villafuerte, the Accounting Manager. [9] As a result of this alleged force and intimidation, petitioner tendered her resignation letter. On January 13, 2003, or three years after her resignation, petitioner filed a complaint against Cinderella alleging that her severance from employment was involuntary amounting to constructive dismissal. [10] Cinderella denied the charge of constructive dismissal. It claimed that petitioner voluntarily resigned from office before the internal audit was completed and before any formal investigation was initiated. She tendered her resignation on February 7, 2000, then submitted another resignation letter on February 15, 2000 where she confirmed the first resignation letter. Respondent alleged that the complaint for constructive dismissal was a mere afterthought demonstrated by the long delay of filing the same. [11] On October 21, 2003, the Labor Arbiter rendered a Decision [12] finding that petitioner was constructively and illegally dismissed. The Labor Arbiter ruled that Cinderella was not able to controvert petitioner's assertion that she was forced to resign; that the resignation letter relied upon by respondent to show the voluntariness of the resignation was fabricated and without evidentiary weight since it does not bear petitioner's signature; that there was no basis to terminate petitioner on the ground of loss of confidence since her involvement in the fraudulent transactions was doubtful as shown by the Confidential Memo clearing her of any liability. The dispositive portion of the Labor Arbiter's decision reads: WHEREFORE, premises all considered, judgment is hereby rendered ordering respondent Cinderella Marketing Corporation to: pay complainant separation pay in lieu of reinstatement computed at one (1) month for every year of service in the amount of P270,000.00; and pay complainant full backwages from the time she filed this complaint in the amount of P270,000.00. SO ORDERED.