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NLRC written in English, a language which Capulso was not conversant with considering his low
Without Just Cause | 11 February 1999 | J. Bellosillo level of education. It can be concluded that none of these letters was a actually written by
Nature of Case: Petition for Certiorari
Digest maker: Africa RULING: NLRC ruling AFFIRMED..
SUMMARY: Capulso who was a ceramic worker for AZCOR went on a sick leave due to
bronchial asthma, but when he returned, he was refused entry, hence this illegal dismissal • The Court held AZCOR was his real employer and not Filipino Paso, as evidenced by the
complaint. AZCOR contended that they did not dismiss Capulso, but he resigned. Court following:
held that he did not and was illegally dismissed. a. Capulso had no knowledge that he was already working under petitioner Filipinas
Paso since he continued to retain his AZCOR Identification card;
DOCTRINE To constitute a resignation, it must be unconditional and with the intent to
b. his payslips contained the name of AZCOR giving the impression that AZCOR was
relinquish a portion of the term of office accompanied by an act of relinquishment.
paying his salary;
c. he was paid the same salary and he performed the same kind of job, in the same work
FACTS: area, in the same location, using the same tools and under the same supervisor;
1. Capulso worked for AZCOR as ceramics worker for more than 2 years. On February 1991, d. there was no gap in his employment as he continued to work from the time he was
upon his doctor’s recommendation, Capulso requested to go to on a sick leave due to hired up to the last day of his work;
bronchial asthma. It was alleged that this was caused by his job where he inhaled harmful e. he casting department of AZCOR where Capulso was working was abolished when
substance for lack of safety gadgets. This request was approved. he, together with six (6) others, transferred to Filipinas Paso; and
2. When he went back, his supervisors informed him that only Zuluaga, the owner, can allow f. the employment contract was signed by an AZCOR personnel officer, which showed
him to continue in his job. He returns 5 times but apparently, he found out that he was not that Capulso was being hired from 1 March 1990 to 31 August 1990 by AZCOR to do
reinstated, hence the this illegal complaint for illegal dismissal and illegal deduction of jobs for Filipinas Paso.
wage. • It was further held that Capulso was led into believing that while he was working with
3. Petitioner contended that they did not dismiss Capulso. The latter allegedly intended a Filipinas Paso, his real employer was AZCOR. The latter never dealt with him openly and in
terminal leave but instead resigned and joined Filipinas Paso. However, Capulso resigned good faith, nor was he informed of the developments within the company, i.e., his alleged
again buand when he returned, Flipinas Paso has no vacancy. transfer to Filipinas Paso and the closure of AZCORs manufacturing operations.
4. LA dismissed the complaint for lack of merit, but this was reversed by NLRC, which held • Petitioner contended that they could not be held jointly and severally liable to Capulso for
that AZCOR remains as Capulso’s employer. That his 6-month work was only contracted back wages since AZCOR and Filipinas Paso are separate and distinct corporations with
by Filipinos Paso and that after that period, he continued working with AZCOR. different corporate personalities. Court held that where corporate fiction was used as a
means to perpetrate a social injustice or as a vehicle to evade obligations or confuse the
legitimate issues, it would be discarded and the two (2) corporations would be merged as
ISSUE/S & RATIO: one, the first being merely considered as the instrumentality, agency, conduit or adjunct of
1. WON Capulso voluntarily resigned. — NO the other.
- To constitute a resignation, it must be unconditional and with the intent to relinquish a
portion of the term of office accompanied by an act of relinquishment.
- In the instant case, the fact that Capulso signified his desire to resume his work when he
went back to petitioner AZCOR after recuperating from his illness, and actively pursued his
case for illegal dismissal when he was refused admission by his employer, negated any
intention on his part to relinquish his job at AZCOR.
- Moreover, a closer look at the subject resignation letters readily reveals the following: (a) the
resignation letter allegedly tendered by Capulso to Filipinas Paso was identically worded
with that supposedly addressed by him to AZCOR; (b) both were pre-drafted with blank
spaces filled up with the purported dates of effectivity of his resignation; and, (c) it was