G.R. No, 196002 : September 19, 2012 [APO CHEMICAL MANUFACTURING CORPORATION and MICHAEL CHENG, Petitioners, v. RONALDO A. BIDES, Respondent. MENDOZA, J.: Engi: Ronaldo Sides (Bidas) was an employee of Apo Chemical Manufacturing Corporation (ACMC) for eleven (11) years. Matthew cheng (Matthew), the plant manager of ACMC, sent 2 written memorandum raquiring Bidas to explain his refusal to sign the disciplinary form in connection with his alleged infractions of loitering in the comfort room for about fiva (5) to eight (8) minutes, two (2) to three (3) mes a day, on differant dates, under pain of revocation of his housing privilages. kides explained that urinating, 2s he wae *nababalicavisaw" st the time, was not an infraction. Allagecly, Matthew confronted ides and prohibited him from working the following day as he would be terminated from the ACMC. Thus, Bides Flad a complaint for illegal dismicsal againct ACMC. ‘Tha LA ruled that sides was legally dismissed. The NLRC reversed the LAs decision. The CA affirmed with modification the NLACS decision. The CA ruled that ACMC is not liable for illegal dismissal but ordered ACMC to pay Bides separation pay in Feu of reinstatement, taking into account the strainad relations betwaan the parties. ISSUE: Whether strained relations exist between ACMC and Bidas to bar the latters reinstatement and justify the award of separation pay? HELD: The Court finds no merit in the petition, LABOR LAW: doctrine of strained relations The Court is well aware that reinstatement is the rule and, for the exception of "strained relations’ to apply, it should be proved that it is tkely that, if reinstated, an atmosphere of antipathy and antagonism would be generated as to adversely affect the efficiency and productivity of the employes concerned. Under the doctrine of strained relations, the payment of separation pay is considered an acceptable alternative to reinstatement when the latter option is no longer desirable or viable. On one hand, such payment Iberates the employee from what could be a highly oppressive work environment. On the other hand, it releasas the employer from the grossly Lnpalatable obligation of maintaining in its employ a worker it could no longer trust. Moreover, the doctrine of strained relations has been made applicable to cases vihera the employee dacides not to be rainetated and demands for separation pay. In the present case, Bides has consistently maintained, from the proceedings in the LA up to the CA, his refusal to be reinstated due to hig fear of reprisal which he could experience as a consequence of his return. By doing so, ides unequivocally foreclosed reinstatement as a relief. Petition is DENIED.