G.R. No.

141371 March 24, 2006

EDNA ABAD, JOSEPH MARTINEZ and ELISEO ESCANILLAS, JR., vs.

ROSELLE CINEMA, SILVER SCREEN CORPORATION and VERMY TRINIDAD

Topic: Just/Valid grounds for termination, informal voluntary termination

Facts:

Petitioners filed complaints that were consolidated against Roselle Cinema, Silver Screen Corporation
and Vermy Trinidad (respondents) for illegal dismissal, underpayment, non-payment of overtime pay,
premium for holiday, premium pay for rest day, holiday pay, service incentive leave, night shift
differentials, separation pay, damages, and attorney’s fees.

The LA ruled that the petitioners were not illegally dismissed and denied money claims based on a
failure to substantiate the allegations. NLRC on appeal reversed the decision, ordering payment of
money claims.

The NLRC’s main reasons for reversing the LA’s Decision were due to the fact that respondents failed
to adduce clear and convincing evidence to support their defense, and that petitioners’ filing of a case
for illegal dismissal negated respondents’ defense that petitioners abandoned their work.

The CA sustained the LA’s findings that there was no illegal dismissal, as petitioners voluntarily left
their jobs, and that their money claims were not supported by evidence. The CA stated that the NLRC
should not have dealt with the issue of abandonment since respondents did not raise this as a defense.

Issue:

(1) whether petitioners were illegally dismissed; (2) whether they are entitled to their money claims

Held: No. No.

No illegal dismissal, only unpaid labor standard benefits for the year 1996.

in illegal dismissal cases, the onus of proving that the employee was not dismissed or if dismissed, that
the dismissal was not illegal, rests on the employer and failure to discharge the same would mean that
the dismissal is not justified and therefore illegal. Respondents maintain that petitioners were not
dismissed from work, but voluntarily left their jobs as presented by their evidence.

 Escanillas stopped reporting for work to drive his tricycle;

 Martinez stopped reporting for work and was hired by Israel Pork and Beef Dealer certified by
his new employer on evidence; and
 Abad offered to resign and left her station without getting her wages.

Petitioners were not illegally dismissed, but voluntarily terminated their work during January 1997;
therefore, they are not entitled to an award of separation pay and backwages.

Petitioners had no evidence aside from mere allegations and “lame statements”.

As to the award of service incentive leave pay (SILP), 13th month pay, overtime pay, rest day and
holiday pay premium, the NLRC correctly granted the award of these money claims as there is no proof
that these labor standard benefits were paid to petitioners for the year 1996.