G.R. No. 180285 - MA. SOCORRO MANDAPAT, VS. ADD FORCE PERSONNEL SERVICES, INC. AND COURT OF APPEALS. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, you are requested to immediately turnover to Ms. Abigail E. Villavert all of your pending tasks and, thereafter, leave the office premises. For your information and appropriate action. From: MARIA CRISTINA S. SAMSON Corporate Counsel Approved by: JACQUES A. DUPASQUIER Chairman Accompanied by her letter in response to the show-cause memorandum, petitioner tendered her resignation dated 25 February 2004 supposedly in protest of the preventive suspension meted on her. [4] On 15 March 2004, petitioner filed a complaint for constructive dismissal with the labor arbiter. In her position paper, petitioner alleged that she was constructively dismissed, as indicated by the following actions of respondent - first, she was illegally placed on preventive suspension; second, her access to the internet was cut off; and third, she was pressured by respondent into resigning in exchange for payment of separation pay. [5] Petitioner also questioned as illegal her preventive suspension because she did not pose any danger to the lives of respondent's officers, as well as its properties. [6] Petitioner denied that she was negligent and proffered that she faithfully and painstakingly performed her duties as sales manager. She faulted Longstaff for his indecisiveness and the lack of support personnel and staff for the sales department. [7] Respondent insisted that petitioner was not dismissed, that instead, she tendered her resignation. Hence, the claim for reinstatement had no basis. Respondent countered that petitioner was properly placed on preventive suspension because of the risk she posed on the property and business of respondent. [8] On 30 September 2005, the labor arbiter rendered judgment [9] finding petitioner to have been illegally and constructively dismissed, thus: WHEREFORE, premises considered, judgment is hereby entered finding that complainant was illegally and constructively dismissed on 2/23/04 thus, ORDERING: 1) Respondent company ADD Force Personnel Services, Inc. to pay her full backwages from date illegally dismissed on 6/23/04 until actual payment and/or finality of this decision, which as of date amounts to basic P1,311,360.00 (P68,300.00 x 19.2 months), 13 th month pay of P109,280.00, and the combined amounts of her leaves (VL & SL) of P107,913.68 (30 days/year x P2,276.66/day x 1.58 years); 2) Respondent company ADD Force Personnel Services, Inc., in lieu of complainant's reinstatement, to pay her separation pay of one (1) month per year of service/putative service reckoned from 09/15/03 until finality of this decision or actual payment which as of date, amounts to P136,600.00 (P68,300.00 x 2 years); 3) Respondents ADD Force Personnel Services, Inc., JACQUES A. DUPASQUIER (Chairman), COLWYN RON C. LONGSTAFF (CEO), ATTY. CRISTINA SAMSON (Corporate Counsel), to pay her in solido moral damages of P200,000.00 and exemplary damages of P100,000.00; 4) Respondent ADD Force Personnel Services, Inc. to pay her proportionate 13 th month p