Sagun v.

ANZ Global Services and Operations

(Perlas-Bernabe, J.) 2016

Facts:
- Sagun was employed at HSBC Electronics Data Processing when he applied
online for the position of Payments and Cash Processing Lead at ANZ
- After passing the interview and online exam, Senior VP for Operations, Cruzada,
offered Sagun the position of Customer Service Officer, which he accepted on
June 8, 2011
- In the letter of confirmation of the offer, the terms and conditions of his
employment required a satisfactory result of his pre-employment screening
o Required to undergo a police record check prior to commencing work or at
other times during employment
o Undergo other checks (e.g. bankruptcy, sanctions screening, reference,
etc.)
o He was to be on probationary status for 6 months and that appointment
would take effect from the date of reporting (to be not later than July 11,
2011)
o Initial and ongoing employment is conditional on ANZ being satisfied
of the results. In case results are unsatisfactory, ANZ may choose to
not commence employment, or terminate the same immediately
- On June 11, 2011, Sagun tendered his resignation at HSBC and the
acknowledged copy thereof was transmitted to ANZ
- On July 11, 2011, Sagun was handed a letter of retraction informing him that the
offer had been withdrawn because of the material inconsistencies found in his
declared information and documents
o He only held a position of a Lvl. 1, not Lvl. 2, Technical Support
Representative
o He was terminated for cause due to his absence without official leave and
not because of his resignation
o He failed to report for work on or before July 11, 2011
- Sagun filed a complaint for illegal dismissal before the NLRC arguing that his
employment contract had already been perfected ipon his acceptance of the offer
on June 8, 2011
 - Respondents countered that no employer-employee relation existed and thus the
NLRC has no jurisdiction and presented that Sagun made material
misrepresentations
- LA: dismissed the case. No perfected employment contract.
- NLRC and CA: affirmed. There is a difference between the perfection of the
employment contract (June 8, 2011) and the commencement of the employer-
employee relationship. The relationship never existed since the employment offer
is conditioned on the satisfactory completion of his background check

ISSUE:
1. W/N an employer-employee relationship existed – NO

HELD:
- An employment contract, like any other contract, is perfected at the moment the
parties come to agree upon its terms and conditions, and thereafter, concur in
the essential elements thereof
- There was already a perfected contract of employment when petitioner signed
ANZ's employment offer and agreed to the terms and conditions that were
embodied therein. Nonetheless, the offer of employment extended to petitioner
contained several conditions before he may be deemed an employee of ANZ.
- a condition is defined as "every future and uncertain event upon which an
obligation or provision is made to depend. It is a future and uncertain event upon
which the acquisition or resolution of rights is made to depend by those who
execute the juridical act."41 Jurisprudence states that when a contract is subject
to a suspensive condition, its effectivity shall take place only if and when the
event which constitutes the condition happens or is fulfilled.
- Here, the subject employment contract required a satisfactory completion of
petitioner's background check before he may be deemed an employee of ANZ
- To reiterate, in a contract with a suspensive condition, if the condition does not
happen, the obligation does not come into effect. Thus, until and unless petitioner
complied with the satisfactory background check, there exists no obligation on
the part of ANZ to recognize and fully accord him the rights under the
employment contract.
-