G.R. NO. 159482 - NICASIO P. RODRIGUEZ JR., ANTONIO P. EREÑETA, JUANITO A. MAGNO, VICTOR C. PINEDA, BITUIN V. SALCEDO, CESAR R. SAN DIEGO, VICTOR V. TANTOCO AND AMADOR C. DE LA MERCED, VS. ANTONIO L. AGUILAR SR..

Ruling

WHEREFORE, for lack of merit, the petition is DISMISSED ." [4] The Facts The antecedents were summarized by the CA as follows: "Petitioners are members of the Board of Directors of Philippine Postal Savings Bank, Inc. (PPSBI) at Liwasang Bonifacio, Manila; private respondent Antonio L. Aguilar was employed as Vice President of its Finance and Administrative Group from February 14, 2000 to January 31, 2001, and thereafter as Compliance Officer until September 26, 2001 when his services were terminated. "On October 25, 2001, private respondent filed a complaint against petitioners with the Regional Trial Court, Branch 49, City of Manila alleging that he was illegally dismissed by the petitioners in an oppressive way; that the cause of his dismissal was his principled act of exposing anomalies in the bank; that considering the seriousness of the violations of internal control and bank policies, there is a need to prohibit petitioners from performing their functions as members of the Board in their own personal capacity. He prayed for the award of damages, the issuance of a temporary restraining order enjoining the petitioners from dismissing him or in the alternative, to immediately reinstate him, and the prohibition of the petitioners from performing their personal and official acts in the bank. "On October 29, 2001, public respondent Judge motu proprio dismissed the complaint for lack of jurisdiction stating that jurisdiction over the case lies with the Labor Arbiter of the National Labor Relations Commission. "Unaware of the dismissal[,] petitioners, on November 9, 2001, filed a Motion to Dismiss private respondent's complaint on the ground of the RTC's lack of jurisdiction over the subject matter of the complaint. "On November 12, 2001, private respondent filed a Motion for Reconsideration of the Order dated 29 October 2001. However, on November 26, 2001, he filed an Ex-Parte Motion to Withdraw Motion For Reconsideration of the Dismissal Order and In Lieu Thereof to Submit Amended Complaint, which was attached thereto. In his Amended Complaint, he emphasized that his dismissal (constructive and actual) was done in a very oppressive manner. His prayer for reinstatement was deleted. "In an Order dated January 4, 2002, public respondent Judge admitted the Amended Complaint reasoning that amendment was a matter of right before defendants filed a responsive pleading, the motion to dismiss not being a responsive pleading. Petitioners were ordered to file their Answer within fifteen (15) days from receipt thereof. "On January 30, 2002, without filing a Motion for Reconsideration of the above Order, petitioners again filed a Motion to Dismiss, this time of the Amended Complaint, on the ground of lack of jurisdiction over the persons of the petitioners and over the subject matter of the claim. "In an Order dated February 8, 2002, public respondent Judge ruled that petitioners' filing of the above Motion to Dismiss was tantamount to a voluntary appearance