REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF LABOR AND EMPLOYMENT
NATIONAL LABOR RELATIONS COMMISSION
NATIONAL CAPITAL REGION
PPSTA BLDG., BANAWE AVE., QUEZON CITY
ARCADIO,
Complainant,
NLRC RAB NCR
- Versus - CASE NO. NCR-
PH GLOBAL JET EXPRESS INC.
(J&T EXPRESS).
Respondent.
x-------------------------------------------------------x
POSITION PAPER FOR THE RESPONDENT
The RESPONDENT, through the undersigned counsel, most
respectfully submit this Position Paper for the consideration of the
Honorable Labor Arbiter:
PREFATORY
Resignation is the voluntary act of an employee who is in a
situation where one believes that personal reasons cannot
be sacrificed in favor of the exigency of the service, and one
has no other choice but to dissociate oneself from
employment. Relatively, in illegal dismissal cases, the
defense of voluntary resignation may be interposed by the
employer if so, and adequately proven by the latter.
1
STATEMENT OF FACTS
1. The complainant is ARCADIO, a Filipino, of legal age, and residing
at x x x where she may be served with notices, orders, and
processes of this Honorable Office.
2. The respondent in this case is PH GLOBAL JET EXPRESS INC.
(J&T EXPRESS), a duly established corporation under the laws of
the Philippines. They hold office at 11 Floor, Marajo Tower, 312 ,
26th Street West corner 4th Avenue, Bonifacio Global City, Taguig
City. A copy of the Certificate of Registration issued by the Security
and Exchange Commission in favor of Respondent Company is
attached hereto as Annex “1.”
3. Respondent may be served with pleadings, orders, resolutions,
notices and other legal processes by this Honorable Office at the
address of the undersigned counsel indicated below.
4. This is a case for illegal dismissal filed by the Complainant against
the Respondents.
5. Complainant Arcadio was hired by the company as Human
Resource Administrative Staff on January 10, 2020.
6. Complainant was asked by his immediate supervisor to submit a
report as part of his duty and responsibility under the said office on
December 15, 2020.
2
7. The complainant failed to deliver the required report with no
justified reason. Thus, he was reprimanded by his immediate
supervisor.
8. Complainant formally offered his resignation from the company on
January 15, 2021, stating that the same is “effective immediately.”
A copy of the said Resignation Letter executed by the Complainant
and duly submitted to the Human Resource Manager of the
Company is attached as Annex “2.”
9. Complainant ceased from reporting to work starting January 18,
2021. He had also collected his personal belongings from his desk
on the said date.
10. On January 25, 2021, Complainant filed an illegal dismissal case
against the Respondents, to the latter’s surprise.
11. Both of the parties attended and participated in the Single-Entry
Approach (SENA) and conciliation proceedings as required under
the law, but no settlement was arrived at.
12. Hence, this Position Paper.
THE ISSUE
Respondent respectfully submits the following issue for the
resolution of the Honorable Commission:
WHETHER OR NOT RESPONDENT MAY BE HELD TO
HAVE ILLEGALLY DISMISSED THE COMPLAINANT
NOTWITHSTANDING THE FACT OF THE LATTER’S
VOLUNTARY RESIGNATION.
3
ARGUMENTS AND DISCUSSION
Voluntary Resignation
By the Employee
In a litany of cases, the Supreme Court has consistently held that,
“In voluntary resignation, the employee is compelled by personal
reason(s) to disassociate himself from employment. It is done with
the intention of relinquishing an office, accompanied by the act of
abandonment. To determine whether the employee indeed intended
to relinquish such employment, the act of the employee before and
after the alleged resignation must be considered.1”
Complainant, in executing a formal letter of resignation and
submitting the same to the Human Resource Manager, shows his
intention to relinquish and abandon his office. The act of collecting
his personal effects from his designated desk on January 18, 2021
furthers this assertion.
The fact of the same negates the claim of the employee having been
illegally dismissed. Complainant failed to prove that he has been
dismissed by the Respondent, more so illegally.
Employee who fails to tender 30-day notice as required
by law and the employment contract is liable for damages
Article 300 of the Labor Code provides that:
"ART. 300. (285) Termination by employee. - (a) An employee
may terminate without just cause the employee-employer
relationship by serving a written notice on the employer at least
1
GRANDE v. PHILIPPINE NAUTICAL TRAINING COLLEGE (G.R. No. 213137)
4
one (1) month in advance. The employer upon whom no such
notice was served may hold the employee liable for damages.
(b) An employee may put an end to the relationship without
serving any notice on the employer for any of the following just
causes:
1. Serious insult by the employer or his representative on the
honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee
by the employer or his representative;
3. Commission of a crime or offense by the employer or his
representative against the person of the employee or any of the
immediate members of his family; and
4. Other causes analogous to any of the foregoing."
There being no proven cause belonging to the aforementioned, the
Complainant, in tendering his resignation stating that the same be
“effective immediately,” shall merit the claim of the Respondent for
damages.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of the
Honorable Labor Arbiter that an order be issued to dismiss all other
claims made by the Complainant for lack of merit. Respondent prays
for such other just and equitable reliefs under the premises.
MOST RESPECTFULLY SUBMITTED.
March 9, 2022, Makati City.
RESPONDENT
5
SUBSCRIBED AND SWORN TO BEFORE ME in xxx City on
XXX affiant showing his competent proof of identity as follows: LTO
Driver’s License No. x x x.
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2022.
Copy Furnished:
Complainant
(Address)
