CHIANG KAI SHEK COLLEGE, et al. ». ROSALINDA M. TORRES GR. No. 189456, 02 April 2014, SECOND DIVISION, (Peres, J.) Repiondent' profession, the grovity of er ieaction, cad thy fact that sbe waited intl the sass of the sco! year to eballege her inspending resignation demonstrate that she had acguined fora raved est ard is mow trying to renege on her obligation. She ssl wot be rewarded for renging en ber proinse bo resis atthe ond of the stbood year. Osberatsy, empinere lace ta salar stoaions sonld no longer ecend compustion to employees. Compresice ‘ayoeinons iis ams toads desired lbereay that favor leon, mow be ditcoerage, Rosalind M. Tosres, « grade school teacher of Chiang Kai Shek College (CSSO) was accnsed of leaking a copy of special quiz given to C HEKASL When confronted, Tarres:initially trade 5 smdents in denied leaking the rest paper but iarer on admitted that she gave the test paper to ‘Teresita Aadayan, Affer conducting an administrative hearing, Torres and Anduyan were fous guilty of commiring 4 grave offense Of the school polices, The penalty af one-month suspension without pay and forfeiture of all her benefits was imposed on Torres. According to CKSG, the invesrigatings committee had actually decided to terminase Torres and had in fact prepared said termination but, allegurly, ‘Torres pleailed for a change of punishment — resignation at the end of the school year. Tortes filed # ‘complaint for constructive diemissal and illegal suspension wih the Labor Arbiter (LA) when her demands were not met, slleygng that she was Horced to ask for the change of her penalty add dat she was threatened by the school management if she didl not do-s0, The LA disuisseil the pestion for lack of merit. The National Tabor Relations Commission (NLRC) aflirmed the decision, The Court of Appeals (CA) reversed it concluding that Torres did aot voluntarily resiga but was constructively dismissed, ISSUE: Z Ts the school from service of thes the end of the schos RULING: ‘No, ‘These § because continued = as an offer involving Aptiy called a dismis appearas f it wares discsimination, inses the part oF the his contianed CKSC. While of herowe found to have from employment asked for, and was cower For the penal NICOMEDS GR.No. 179155, While it ei econ drei, te I le, beth same ee ‘the Cit news corsi preschery warrant i NicomedeAPRIL CASRS a ISSUE: Js the school's act of imposing suspension instead of immediate dismissal from service of the erring employes, in exchange for the employee's resignation ac the end of dw school yeat, eonstimtive of constructive dismissal? RULING: No, There is constructive dismissal when there i a cessation of work, ‘ecause continued employment is zendered impossible, unreasonable or unlikely, 4s an offer involving ademotion in tank of a diminution in pay and orher benesics, Apry-called a dismissal in disguise or an act amounting to dismissal bet made to appear as if it were not, constructive dismissal may, likewise, exist if an act of dear discrimination, insensibility, of disdain hy-an employer becomes so unbearable on lose any choice by him exceprto forego fais continued emplosment. Here, there was no discrimination committed by KSC. While lorres did nor tender ner resignation wholeheartedly, cizcumstances of her own muking did cot give her any other option, With due process, she-was found 10 have comminted the grave offeave of leaking test questions. Dismissal from employment was the justified equivalent penalry. Having realized that, she asled for, and was granted, not usta deferred imposition of, butalao aa acceptable cover for the penalty the parcof che employee thar itcenad Fare NICOMEDES J, LOZADA v, EULALIA BRACEWELT, et al. G.R. No. 179155, 02 Apel 2014, SECOND DIVISON (Perlas-Bemnabe, J.) While itis ido undisputed shat it as be RIC of Maat City which remdered toe esision directing the LRA to isane Decree Nea. N-217036, oa should apn tbe general rl, the cane cert bre hick a petition forthe review of Decree Na N=217036 1s ft, ‘so Court meus censider toe cieuonstantal milien in this case thab, im the iteres of ones proce, wearanis the fling of the said pesto before she Las Pitas City RC, ‘Nicomedes J Lozaila ile an application for regisization and confirmation si TAW LAW RAVIEW, VOL. EVEL, SO) 2 Armin 024