G.R. No. 202308 - PHILIPPINE NATIONAL BANK, VS. JUMELITO T. DALMACIO.[G.R. No. 202357] JUMELITO T. DALMACIO, VS. PHILIPPINE NATIONAL BANK AND/OR MS. CYNTHIA JAVIER.DECISION - Supreme Court E-Library

Ruling

accordingly abolished , [19] taking into consideration such factors as (a) preferred status; (b) efficiency; and (c) seniority, among others. [20] In the case at bar, PNB was upfront with its employees about its plan to implement its redundancy program. The LA correctly observed that: [I]t is undisputed that the outsourcing of the service and maintenance of the Bank's computer hardware and equipment to Technopaq, Inc. was devised and/or implemented after consultation with the affected employees in the presence of their union officers between July 29 and August 5, 2005. [21] This was echoed by the NLRC, thus: Respondents were able to show substantial proof that it underwent redundancy program and that complainants herein voluntarily accepted the Special Redundancy Package offered by respondent bank to its employees. In fact, they were officially notified of the management's decision to terminate their employment as early as August 15, 2005 x x x; and Complainants and their union officers were even consulted of the respondent's decision to terminate its employees on [the] ground of redundancy between July 29 and August 5, 2005. Complainants agreed and accepted the decision. x x x. [22] Even the CA intoned that: Even after he ceased working with private respondent PNB, petitioner was not left jobless as he readily accepted a job offer with Technopaq who employed him for three years. Only after he ceased working with Technopaq that he conveniently filed a case for illegal dismissal against PNB claiming other monetary benefits allegedly due him and after receiving substantial amount of separation pay. Hence this Court suspects the timing and intention of petitioner in filing the complaint for illegal dismissal. [23] Likewise, PNB's redundancy program was neither unfair nor unreasonable considering that it was within the ambit of its management prerogative. As the CA observed: PNB's action is within the ambit of "management prerogative" to upgrade and enhance the computer system of the bank. Petitioner, being an IT officer whose job is to maintain the computer system of PNB, his position has become patently redundant upon PNB's engagement of the contract service with Technopaq. x x x he was appositely informed of PNB's move to contract the services of Technopaq and as a result thereof, there were positions that were declared redundant including that of herein petitioner. x x x PNB conducted series of meetings with herein petitioner and other affected employees to purposely look for placement of the displaced employees to other positions suited for them. Finding no other alternative, PNB was constrained to terminate herein petitioner who thereafter posed no objection thereto, consented to and willingly received the hefty separation pay given to him. Moreover, records have it that PNB faithfully complied with the legal procedures provided under Article 283 of the Labor Code as evidenced by the individual notices of termination served and received by the