WILLIAM ENDELISEO BARROGA, petitioner, vs.

DATA CENTER COLLEGE

OF THE PHILIPPINES and WILFRED BACTAD, respondents.
G.R. No. 174158, June 27, 2011

Facts: Petitioner Barroga was hired as an instructor by respondent. Petitioner was re-
assigned to Vigan. Part of the deal for his re-assignment was that Barroga will receive a
monthly allowance. However, respondent made it clear in writing that Barroga is only
entitled to the additional allowance while assigned in Vigan and such allowance may be
changed or forfeited if he will be re-assigned somewhere.
Later, Barroga was also assigned as the temporary Head of Education. Barroga
was then advised that he will be transferred to Abra. Barroga refused as he found out
that there will be no additional allowance and that he will be working there as an
instructor and not as a Head of Education.
Thus, he filed a labor case against Data College for constructive dismissal.
Barroga alleged that the real purpose of his transfer is to demote him to the rank of an
instructor from being the Head for Education performing administrative functions and
that his re-assignment will entail an indirect reduction of his salary or diminution of pay
considering that no additional allowance will be given to cover for board and lodging
expenses. He claims that such additional allowance was given in the past and therefore
cannot be discontinued and withdrawn without violating the prohibition against non-
diminution of benefits.
Issue: Whether or not the absence of additional allowance in Barroga’s supposed re-
assignment constitutes a diminution of benefits.
Ruling: No. It is true that as a general rule, benefits and perks enjoyed by employees
cannot be reduced and discontinued or diminished. But this rule is only applicable to
grants or benefits which are founded on an express policy or has ripened into a practice
over a long period which is consistent and deliberate. In the case at bar, Barroga’s
additional allowance while in Vigan is not permanent. In fact, Data College made clear
that such allowance is only applicable while Barroga is in Vigan and such allowance is
no longer applicable if he is going to be assigned somewhere.
On the issue of his removal as Head for Education, the same is valid. Barroga
was merely assigned in a temporary capacity, such designation is terminable at the
pleasure of Data College which made such appointment.