G.R. No. 189493 - FCA SECURITY AND GENERAL SERVICES, INC., AND/OR MAJ. JOSE LAID, JR., VS. SOTERO M. ACADEMIA, JR. II.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, reinstated the decision of the Labor Arbiter. [3] Hence, this appeal. Antecedents The NLRC recited the following factual and procedural antecedents: The complainant alleges that on July 27, 1999, he was hired as a security guard by respondent FCA Security & General Services (FCA for brevity), a company engaged in the business of providing security and other related services. Complainant alleges that prior to his dismissal on January 27, 2004, his last assignment was at the RCBC, Pasay City branch. Complainant claims that " a twist of fate happened on January 28, 2003 when he was asked to report in their office and was pulled out with (sic) his post then in Rizal Commercial Banking Corporation Pasay City Branch ." Complainant asserts that respondent put him on "floating status" and was not given any assignment for more than six (6) months. Hence, this complaint for illegal dismissal with monetary claims. For their part, respondents admit that in July 1999, they employed complainant as a security guard. His latest assignment was at the RCBC branch in Edsa-Taft, Pasay City. During complainant's stint at the RCBC, he had an altercation with GEORGE CHUA, a driver of Dunking Donuts, wherein complainant drew and pointed his service firearm at CHUA. Consequently, GEORGE CHUA filed a complaint against complainant for grave threats with the Police Community Precinct No. 6, Pasay City Police Office, Southern Police District. Upon respondents' own investigation where complainant was given an opportunity to explain his side, Investigating Officer VIRGILIO D. TANGENTE recommended his suspension for seven (7) days. However, complainant expressed his preference to voluntary [sic] resign rather than receive his suspension. Thus, respondents gave him the clearance form for resigning personnel. Instead of submitting such form, complainant filed the instant case. In his Reply, complainant asserts that he " was relieved from duty on January 27, 2003 and promised that he will be given post again ", as evidence by a copy of respondents' memorandum dated January 27, 2003. In their own Reply and Rejoinder, respondents stress that complainant conveniently chose not to touch the issues of his altercation with the driver of Dunkin Donut[s], the fact that he was served a suspension order which he refused to receive, and his offer to voluntarily resign from FCA. Contrary to complainant's claim that he was illegally dismissed, respondents presented the affidavit of Major JOSE A. LAID, General Manager, narrating the circumstances leading to complainant's voluntary resignation. Likewise submitted are the separate affidavits executed by three (3) FCA department heads, namely, JULIO D. GONZALES, JR., ALLAN CRUZ, and LAUDEMER TINAY[A], Personnel Officer, Supply Custodian and Property and Materials Officer, respectively, which corroboratively attest to the fact that complainant approached them in connection with his accountabilities, if any, and to facilitate his resign