G.R. No. 112965 - PHILIPPINES TODAY, INC., BETTY GO-BELMONTE, MAXIMO V. SOLIVEN, ARTURO A. BORJAL, AND ISAAC G. BELMONTE, VS. NATIONAL LABOR RELATIONS COMMISSION AND FELIX R. ALEGRE, JR..

Ruling

WHEREFORE, premises considered, judgment is hereby rendered dismissing the complaint for illegal dismissal and damages for lack of merit, and ordering respondent, Philippines Today, Inc., to pay complainant the amount of THIRTY THOUSAND (P30,000.00) PESOS by way of separation pay in the interest of compassionate labor justice and; dismissing Respondents (sic) counterclaim for damages for lack of merit. [11] On appeal by Alegre, the above decision was set aside by the NLRC. Adopting the definition in Black's Law Dictionary (5th Edition) of resignation as a "formal renouncement or relinquishment of an office," it held that herein Respondent Alegre did not resign as there was no actual act of relinquishment to constitute complete and operative resignation. According to the NLRC, the request for a leave of absence by Respondent Alegre meant that he intended to return after the period of his absence. Such intent was bolstered by his filing of a request for an extension of his leave. Further, when he received the letter of Petitioner Belmonte dated November 9, 1988 informing him of the acceptance by the Board of his resignation, he immediately wrote a letter to Petitioner Belmonte, expressing in no uncertain terms that he did not resign. These circumstances led the NLRC to hold that Respondent Alegre was constructively dismissed without just cause and to order petitioners to pay him full backwages for three years from the time of dismissal, separation pay in lieu of reinstatement, moral and exemplary damages and attorney's fees. [12] Issues Petitioners argue that the NLRC committed grave abuse of discretion: 1. in finding them guilty of illegally dismissing Respondent Alegre; 2. in awarding Respondent Alegre moral and exemplary damages and attorney's fees without any factual and legal basis; and, 3. even assuming that Respondent Alegre was illegally dismissed, in contravening and disregarding this Court's ruling in Alex Ferrer, et al. vs. NLRC (Second Division) [13] by erroneously computing backwages, as it did not deduct the amounts earned by Respondent Alegre while he was admittedly employed in the office of Senator Sotero H. Laurel. The pivotal question is whether the Memorandum for File of Respondent Alegre addressed to Petitioner Belmonte constitutes a letter of resignation. In construing it so, petitioners advance these arguments: (1) Respondent Alegre had spoken openly to Petitioner Belmonte of his desire to leave the Philippine Star; (2) the contents of his memorandum indicate an intention on his part not to return to his job even if he did not categorically mention resignation; (3) he never returned to work after his authorized leave expired and even cleared his desk of his personal belongings; and, (4) he obtained employment as chief of staff of the office of Senator Sotero Laurel for which he was paid a higher salary. Having been led to believe that Alegre wanted to resign and in honestly perceiving his memorandum as a resignation letter, pe