G.R. NO. 166039 - DIGITEL[*] TELECOMMUNICATIONS PHILIPPINES, INC., JOHNSON ROBERT L. GO[**] AND ERIC J. SEVERINO,[***], VS. MARIQUIT SORIANO.

Ruling

WHEREFORE, in view of the foregoing, judgment is hereby rendered DISMISSING this complaint for constructive dismissal for lack of merit. The counterclaim of the respondents is likewise dismissed for lack of merit. All other claims herein sought and prayed for are hereby denied for lack of legal and factual bases. [24] On appeal, the NLRC referred the case to Labor Arbiter Thelma M. Concepcion "for review, hearing when necessary with power to cite the parties for contempt under Article 218(d), Labor Code and submission of report for the Commission's deliberation." [25] Finding Labor Arbiter Concepcion's July 30, 2003 Report with recommendation [26] for the dismissal of Mariquit's appeal to be "supported by facts on record and the law on the matter," the NLRC adopted it as its own. It accordingly dismissed Mariquit's appeal. In holding that Mariquit voluntarily resigned and accordingly dismissing her appeal, the NLRC, by Decision dated August 18, 2003, [27] observed, among other things: x x x x With such tendency to threaten resignation everytime higher management would refuse her demand to transfer subordinates who had administrative differences with her, we therefore have no doubt that complainant voluntarily resigned when respondent Severino refused to heed her demand that Ms. Arnedo and Ms. Inductivo, her subordinates, be transferred to other departments. We also have no doubt that such resignation does not constitute constructive dismissal, much less an illegal one. x x x x [28] (Underscoring supplied) Her motion for reconsideration having been denied by the NLRC by Order of January 30, 2004, [29] Mariquit filed a Petition for Certiorari [30] before the Court of Appeals. The appellate court, by Decision of August 20, 2004, [31] taking exception to the doctrine of finality of factual findings of labor tribunals, [32] reversed the NLRC decision, disposing as follows: WHEREFORE, premises considered, the present petition is hereby GIVEN DUE COURSE and the questioned Decision and Resolution of the NLRC dated August 18, 2003 and January 30, 2004, respectively, are hereby both ANNULLED and SET ASIDE. Private respondents are hereby declared liable for illegal dismissal and are consequently ordered to pay petitioner jointly and severally the back wages due to her computed from July 1, 2000 based on her latest salary as of that date up to the time of the finality of this judgment . As reinstatement is no longer feasible, private respondents are hereby also ordered to pay petitioner separation pay equivalent to one (1) month's salary for every year of service, as prayed for by petitioner in her complaint. Further, private respondents are hereby ordered to pay petitioner the sums of P200,000.00 and P100,000.00 as moral and exemplary damages , respectively, as well as attorney's fees in the amount equivalent to 10% of the total monetary award . No pronouncement as to costs. [33] Petitioners' Motion for Reconsideration having been denied by Resolution of No