Noel E. Mora v. Avesco Marketing corporation.

Nov 14, 2008| Carpio-Morales, J.

By: Justin
SUMMARY: Mora was confronted by employer for allegedly selling
competitors products which allegedly prejudiced Avesco. Mora filed a
resignation letter because of the allegation. The letter stated that the
resignation was effective after a month. He later withdrew the letter after
Avesco refused to make it effective only after a month. The next day, Mora
was given a show-cause letter by Avesco asking him to explain his side and
that for the meantime he was put under preventive suspension. Mora
replied and denied the allegation. He did not hear from Avesco ever since.
He later learned that he was already dismissed from service. Mora filed a
complaint for illegal dismissal. Avescos defense: he voluntarily resigned.
SC: NO he didnt. Indeed he filed a resignation letter but since Avesco still
sent a show-cause letter and preventively suspended him, it only meant
that Avesco did not accept it. The resignation letter was with a condition, it
was merely an offer which Avesco must accept for it to be effective. Mora
was illegally dismissed.

DOCTRINE: For a resignation tendered by an employee to

take effect, it should first be accepted or approved by the
employer.
FACTS:
Mora was hired as a sales engineer at Avesco. Duties:
supervise and install sound and communications systems for
its clientele
He tendered a letter of resignation 1on March 25, 2003 to be
effective a month after or on april 25, 2003.
Filed resignation after he was confronted with selling
competitors products which prejudiced avesco and was
given the option to immediately resign or face
administrative charges
But Noel changed his mind and withdrew the letter the same
day when Avesco refused to make the resignation effective
on April 25, 2003
The next day Mora was given a notice of disciplinary action
wherein it was stated that Mora committed breach of trust
1

Dear Sir:
It is with much reluctance and regret that I must ask to be released from my
position of Sales Engineer at Avesco Marketing. For the past seven years, I cannot forget how much
this company has meant to me.
With this regard, I'm tendering my resignation effective on April 25, 2003. Please extend to
Mr. Jimmy Tang my appreciation of his kindness during the time I served. 3 (Emphasis and
underscoring supplied)

when it undertook sales transaction patently inimical to the

interest of Avesco and notified him that management was
constrained to dismiss Mora from the service for loss of trust
and confidence. He was also asked to explain within 48
hours why dismissal should not be effected. He was also
placed under preventive suspension effective March 26,
2003 until further notice pending investigation.
Mora replied and gave his side. That he is not culpable that
the allegations were mere speculations and mere tactics
because of the unfavorable sales output for the month. That
he didnt know the particular transactions mentioned in the
notice. That instead of explaining to him the accusation he
was instead told to resign immediately.
Mora didnt hear from Avesco ever since and he learned
later on that his employment was terminated as of April 1,
2003
Filed complaint for illegal dismissal with the NLRC
o Dismissed for lack of jurisdiction. Dispute falls within
the grievance procedure in the CBA
Case referred to the Natl Conciliation and Mediation Board
for Voluntary arbitration
o VA: dismissed complaint. He voluntarily resigned
Mora field petition for certiorari with the CA. denied. MR
denied
Hence, petition for review.

ISSUES/HELD:
1. Did he effectively resign? No
2. Was he Illegally dismissed? YES
RATIO:
1. YES
IF employers defense is resignation, it is incumbent upon
the employer to prove that he voluntarily resigned
Voluntary resignation: both the intent and overt act of
relinquishment should concur.
If employee denies the evidence of resignation, employer
must prove due execution and genuineness of the
evidence/letter
Avesco failed to discharge the burden
o Show caus letter indefinitely suspending Mora even
after the latter already submitted resignation
negates Avescos claim that there was voluntary
separation

If it was true that he resigned, no need for preventive

suspension
Note that Mora denied the allegation, Avesco did not have
the courtesy to reply to the letter of Mora and even
terminated his services 6 days after being put under
preventive suspension.
For a resignation tendered by an employee to take
effect, it should first be accepted or approved by the
employer.
o Avesco's
receipt
by
respondent's
personnel
department of his resignation letter is not equivalent
to approval. Since Mora requested that his
resignation was to be effective a month later or on
April 25, 2003, Avesco's approval was a fortiori
necessary
Avesco sent a show cause letter after Mora filed the letter of
resignation meant that Avesco did not accept the
resignation letter.
That the letter was premised on a qualification (that it be
effective a month later) meant that it was a mere offer.
o

2. YES

While the action impugned to Mora was a valid ground for

termination, Employer cannot just hurl generalized
accusations but should cite specific instances and proof to
support it.

In this case no proof was given. No showing that there was

an investigation conducted

The show cause letter was in effect terminating his services

(constrained to dismiss)

True that preventive suspension is a measure used by the

employer to protect company property, but in this case it
lapsed into dismissal six days later without substantiating
the basis for it.

Although Mora filed the illegal dismissal 20 days after he

withdrew his resignation letter, under the law he has 4 years
to file the complaint (Article 1146 Civil Code).

However claim for damages and attys fees denied. He

failed to prove the basis therefor.

The CA decision reversed and set aside. Avesco ordered to reinstate

with full backwages or if not feasible, give separation pay one
month salary for every year of service