Scribd Logo
Upload

Welcome to Scribd!

  • 91 views

    Casa Cebuana Incorporada v. Leuterio

    Uploaded by

    astig79
    Casa Cebuana Incorporada lent its HR Manager, Leuterio, 1 million pesos to buy a lot. Casa wanted Leuterio to sign a real estate mortgage over the lot, but Leuterio refused, claiming there was no such agreement. Casa later fired Leuterio for various issues including poor performance and prioritizing outside activities. Leuterio claimed he was illegally dismissed while Casa argued he voluntarily resigned. The Court of Appeals found Casa guilty of illegal dismissal, as there was no proof Leuterio resigned voluntarily. The only evidence was a security guard's report that Leuterio was removing belongings, which does not conclusively prove resignation. Filing a complaint for illegal

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd

    Casa Cebuana Incorporada v. Leuterio

    Uploaded by

    astig79
    91 views3 pages
    Casa Cebuana Incorporada lent its HR Manager, Leuterio, 1 million pesos to buy a lot. Casa wanted Leuterio to sign a real estate mortgage over the lot, but Leuterio refused, claiming there was no such agreement. Casa later fired Leuterio for various issues including poor performance and prioritizing outside activities. Leuterio claimed he was illegally dismissed while Casa argued he voluntarily resigned. The Court of Appeals found Casa guilty of illegal dismissal, as there was no proof Leuterio resigned voluntarily. The only evidence was a security guard's report that Leuterio was removing belongings, which does not conclusively prove resignation. Filing a complaint for illegal

    Original Description:

    casa v. leuterio

    Original Title

    Scribd 02

    Copyright

    © © All Rights Reserved

    Available Formats

    RTF, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Casa Cebuana Incorporada lent its HR Manager, Leuterio, 1 million pesos to buy a lot. Casa wanted Leuterio to sign a real estate mortgage over the lot, but Leuterio refused, claiming there was no such agreement. Casa later fired Leuterio for various issues including poor performance and prioritizing outside activities. Leuterio claimed he was illegally dismissed while Casa argued he voluntarily resigned. The Court of Appeals found Casa guilty of illegal dismissal, as there was no proof Leuterio resigned voluntarily. The only evidence was a security guard's report that Leuterio was removing belongings, which does not conclusively prove resignation. Filing a complaint for illegal

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    91 views3 pages

    Casa Cebuana Incorporada v. Leuterio

    Uploaded by

    astig79
    Casa Cebuana Incorporada lent its HR Manager, Leuterio, 1 million pesos to buy a lot. Casa wanted Leuterio to sign a real estate mortgage over the lot, but Leuterio refused, claiming there was no such agreement. Casa later fired Leuterio for various issues including poor performance and prioritizing outside activities. Leuterio claimed he was illegally dismissed while Casa argued he voluntarily resigned. The Court of Appeals found Casa guilty of illegal dismissal, as there was no proof Leuterio resigned voluntarily. The only evidence was a security guard's report that Leuterio was removing belongings, which does not conclusively prove resignation. Filing a complaint for illegal

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    You are on page 1of 3

    Casa Cebuana Incorporada v.

    Leuterio
    Casa Cebuana: Furniture Manufacturer
    Leuterio: hired as HR Manager

    Casa lent P1M to Leuterio so he could by a lot;


    PN by Leuterio; 5k deduction from his monthly
    salary
    Casa wanted Leuterio to execute a REM over
    the lot, but Leuterio refused, saying there was
    no such agreement for a REM when the loan
    was contracted

    Casa and Leuterio had a meeting


    Casa said during the meeting they wanted to
    fire Leuterio because they lost trust and
    confidence in him, and that Leuterio pleaded to
    be allowed to resign
    But Leuterio denies offering to resign; says he
    didnt submit a resignation letter; but that even
    so, he was barred from entering company
    premises

    Loss of trust and confidence: reasons:


    1. lost of credibility among employees
    2. value formation series not conducted
    3. did not discipline AWOLs
    4. did not teach 5s program; required for ISO
    certification
    5. did not address DOLE safety
    recommendations
    6. mishandled a security guard case
    7. too much attention for HUNAT movement
    against Corona del mar

    Casa says after he obtained the loan, he failed


    to report for work on time and observe working
    hours; failed to do his job; prioritized his extra-
    curricular activities

    LA: Leuterio did not voluntarily resign


    NLRC: illegal dismissal; MR
    NLRC: grants MR; Leuterio voluntarily resigned
    when he told the company security guard that
    he was quitting; he was in the middle of
    removing his belonging; was preparing his
    handwritten memorandum
    CA: Casa Cebuana Incorporada is guilty of
    illegal dismissal; must reinstate Leuterio

    Issue: Did Leuterio voluntarily resign?


    Held/Ratio: NO.

    No substantial proof to prove that Leuterio


    resigned
    Only evidence is the handwritten memorandum
    of security guard during the day Leuterio was
    taking out his belongings
    The Guards report does not conclusively
    establish the fact of resignation, but merely
    narrates the standard procedure employed by
    guards in checking vehicles that pass throgh
    company gates
    During the meeting, if Leuterio indeed offered
    to resign, Casa should have made Leuterio
    give them a resignation letter at this very
    moment.
    However, Leuterio never made such
    resignation letter
    Moreover, Leuterio filed his complaint with the
    NLRC, which is inconsistent with voluntary
    resignation
    In Fungo v. Lourdes School of Mandaluyong:
    Resignation is the voluntary act of employees
    who are compelled by personal reasons to
    disassociate themselves from their
    employment. It must be done with the intention
    of relinquishing an office, accompanied by the
    act of abandonment.
    In this case, evidence shows Leuterio did not
    voluntarily resign; in fact evidence shows that
    he was being forced or pressured to resign,
    which is tantamount to illegal dismissal

    You might also like