G.R. No. 185100 - GIRLY G. ICO, VS. SYSTEMS TECHNOLOGY INSTITUTE, INC., MONICO V. JACOB AND PETER K. FERNANDEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, complainant respectfully prays that, after due proceedings, judgment be rendered ordering respondents, jointly and severally, as follows: 1. To reinstate complainant to her former position as COO without loss to [sic] her seniority rights with backwages and other benefits, such the [sic] monthly P8,500.00 honorarium, among others, to be paid until fully reinstated with the necessary adjustments to equal the salary and benefits now being received by her replacement, respondent Peter K. Fernandez. 2. To pay complainant the unpaid salary and benefits differential due her as COO computed from November 5, 2002 to equal the salary and benefits of respondent Peter K. Fernandez, plus the legal rate of interest thereon from the same date until fully paid. 3. To pay the money equivalent, plus the legal rate [sic] interest thereon until fully paid, of complainants awards as a Silver Awardee in its STI 17 th Winners Circle, consisting of the trip to Panglao, Bohol from May 25 to 27, 2004 and Korea from September 21 to 24, 2004. 4. To pay complainant the unpaid Holiday Pay duly adjusted as above [sic] and with legal interest thereon until fully paid. 5. To pay complainant the proportionate 13 th [-]month pay for the current year with legal interest thereon until fully paid. 6. To pay complainant moral damages in [sic] sum of P3 Million and exemplary damages in the amount of P2 Million, including attorneys fees, and expenses of litigation. Complainant prays for such other reliefs just and equitable in the premises. [39] In their Position Paper, [40] the respondents in NLRC NCR Case No. 00-06-07767-04 claimed that petitioner was removed as STI-Makati COO pursuant to a reorganization aimed at streamlining STIs operations after the merger; as a result, the positions of STI-Makati CEO and COO were abolished. They argued that petitioner was merely laterally transferred to the School Compliance Group as Compliance Manager, and was not demoted in rank; nor did she suffer a diminution in her salary and benefits, as the positions of STI-Makati COO and Compliance Manager are equivalent in rank under the STI structure, that is, they both fall under Job Grade Manager B. They added that petitioner committed anomalies and irregularities, as stated above, which became the subject of an Audit Report. [41] They asserted that the abolition of a position in STI is a recognized prerogative of management which may not be interfered with absent malice or bad faith, and more so when done pursuant to a valid corporate restructuring; the abolition of the CEO, COO, Treasurer, Corporate Secretary, and Director positions in STI-Makati was pursued as a matter of course because with the merger, STI-Makati ceased to exist as it was absorbed by STI, and consequently these positions became unnecessary. Petitioners transfer was justified as an exercise of STIs prerogative and right to transfer its employees when called for, and was done reasonably, without malice or bad fa