Flordaliza Grande vs.

Philippine Nautical Training College

G.R. No. 213137. March 1, 2017

Second Division, Peralta

Grande who was the Assistant VP for Training Department of

PNTC was placed under preventive suspension in view of the
anomalies in the enlistment of students. Pios, VP for Corporate Affairs,
relayed to Grande the message of PNTC’S President for her to tender
her resignation with the assurance of absolution from the alleged
anomalies. Grande then filed a resignation letter but a day after she
filed a complaint for illegal dismissal. She alleged that she was forced
to resign from her employment.

Did Grande voluntarily resign?

No.

Resignation is the voluntary act of an employee who is in a

situation where one believes that persona reasons cannot be sacrificed
in favour if the exigency of the service, and has no other choice but to
dissociate from employment.

Grande filed her complaint against the PNTC in the NLRC the day
after she tendered her resignation. Indeed, voluntary resignation is
difficult to reconcile with the filing of a complaint for illegal dismissal.
The filing of the complaint belies PNTC's claim that Grande voluntarily
resigned.
 Grande's intention to leave the school, as well as her act of
relinquishment, is not present in the instant case. On the contrary, she
vigorously pursued her complaint against PNTC. It is a clear
manifestation that she had no intention of relinquishing her
employment. The element of voluntariness in petitioner's resignation
is, therefore, missing.

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