G.R. No. 104319 - CAROLINA CASTILLO, VS. NATIONAL LABOR RELATIONS COMMISSION AND PHILIPPINE COMMERCIAL & INTERNATIONAL BANK. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, you are hereby instructed further to desist from performing functions of other staff positions particularly those of the Remittance Clerk-POP/Collection Items. For your strict compliance. (Sgd.) ARTURO O. ALCAZAR ( Sgd.) GILBERTO C. MARQUEZ RPC OO Branch Manager" On January 25, 1988, Shahab filed a formal complaint with the branch manager of the respondent bank regarding the over-charging of commission on foreign remittances, specifically mentioning petitioner as the one who attended to his withdrawals. [7] The branch manager decided to pursue further investigation on the matter. [8] On February 2, 1988, branch manager Gilbert Marquez issued a Memorandum to petitioner requiring her to explain within seventy-two (72) hours why no disciplinary action should be taken against her. Petitioner did not submit a written explanation. Respondent bank deferred further action on the matter. [9] In the meantime, trial ensued in the case for illegal dismissal earlier filed by petitioner and on October 8, 1990, the Labor Arbiter [10] rendered a decision ruling that petitioner was "constructively dismissed from her employment when she was transferred to the position of Remittance Clerk-Inquiry from her position of Foreign Remittance Clerk and was later barred from reporting for work on February 5, 1988 by the security guards upon instruction of the management of respondent bank." The Labor Arbiter opined that while the positions of Foreign Remittance Clerk for Inquiry and Foreign Remittance Clerk for Payment Order Collection are within Level III of the position classification of the private respondent bank, the latter position is vested with more power and responsibilities, thus concluding that petitioner was demoted in her position. As regards petitioner's reassignment, the Labor Arbiter was of the view that although management has the right to control the nature of hiring, the status of the employee and his work assignment, such right must be anchored on just and valid grounds. The dispositive portion of the decision reads: "WHEREFORE, PREMISES CONSIDERED, judgment is hereby rendered declaring the dismissal of complainant as illegal and ordering the respondent Philippine Commercial and International Bank, to immediately reinstate complainant to her former position as Foreign Remittance Clerk with full backwages amounting to P102,500.00 from her constructive dismissal on January 13, 1988 up to the present without loss of seniority rights, privileges and other rights granted by law. "The claim for damages for insufficiency of evidence is hereby dismissed. "Pursuant to Section 12 of RA 6715 amending 223 (sic) of the Labor Code, respondent PCIB is hereby ordered to immediately reinstate complainant upon receipt of this decision, to her position as Foreign Remittance Clerk, Ermita Branch, or reinstate her in the payroll as mandated by the same law." On appeal, the National Labor Relations Commission set aside the labor arbiter's decision. It ruled that