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Dayowan Transport Services V Guarino

The Supreme Court reversed the Court of Appeals decision and found that Dionito voluntarily resigned from his job as a jeepney driver for Ringo B. Dayowan Transport Services. The Court found that Ringo presented sufficient evidence, including a "Sumbong" and "Kasunduang Pag-aayos" document signed by Dionito, to show that Dionito resigned when he refused to comply with an increased boundary rate imposed by his employer. By returning the jeepney keys and not paying the adjusted rate, Dionito opted to leave his employment rather than comply with the new terms, constituting a voluntary resignation rather than an illegal dismissal.

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73 views2 pages

Dayowan Transport Services V Guarino

The Supreme Court reversed the Court of Appeals decision and found that Dionito voluntarily resigned from his job as a jeepney driver for Ringo B. Dayowan Transport Services. The Court found that Ringo presented sufficient evidence, including a "Sumbong" and "Kasunduang Pag-aayos" document signed by Dionito, to show that Dionito resigned when he refused to comply with an increased boundary rate imposed by his employer. By returning the jeepney keys and not paying the adjusted rate, Dionito opted to leave his employment rather than comply with the new terms, constituting a voluntary resignation rather than an illegal dismissal.

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Leng Aning
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Dayowan Transport Services v Guarino, Jr. (Nov.

2020) - voluntary resignation is a defense against


illegal dismissal

Facts:

 Dionito D. Guarino (Dionito) was employed as a jeepney driver by Ringo B. Dayowan (Ringo),
doing business under the name of Ringo B. Dayowan Transport Services.
 Compensated on boundary basis, Dionito was required to drive Ringo's jeepney five times a
week on a ten to twelve-hour schedule.
 Dionito earned around P600.00 to P800.00 per day.
 Since the start of his employment, Dionito was required to deposit to Ringo P20.00 per day for
his Social Security System (SSS) contribution.
 However, Dionito discovered that Ringo was not remitting his daily deposit to the SSS.
 He confronted Ringo, the following day, Dionito reported to work.
 However, Ringo informed him that he is no longer allowed to drive the jeepney.
 Ringo also asked Dionito to sign a resignation letter.
 Dionito refused and insisted that he still wants to continue working.
 Ringo claims that Dionito voluntarily quit his job.
 To show that Dionito's allegation is baseless, Ringo submitted in evidence SSS receipts proving
that the SSS contributions of Dionito and of all seven other drivers were duly remitted.
 According to Ringo, Dionito voluntarily quit his job because he did not like the increase in
boundary system.
 Dionito filed a complaint of illegal dismissal
LA Decision

 Dismissed the petition


 there is no termination or dismissal because Dionito voluntarily resigned when he refused to
pay the P20.00 increase in the boundary rate per day.
 This finding is supported by the "Sumbong" and the "Kasunduang Pag-aayos" executed before
the barangay officials who are presumed to be in the regular performance of official duties.
NLRC Decision

 Affirmed
CA Decision

 Reversed. He was illegally dismissed.


 Ringo, as an employer, failed to prove that Dionito was dismissed for a just or valid cause and
that the employee was afforded procedural due process.
 The CA found that the record is devoid of proof that Dionito was given the requisite notices
before his employment was terminated.
Issue
Whether Dionito voluntarily resigned? (yes)
SC Decision
 Ringo, as an employer, was able to present sufficient evidence to establish that Dionito
resigned as Ringo's jeepney driver.
 As borne out by the "Sumbong" and the "Kasunduang Pag-aayos", Dionito did not want to
comply with the increased boundary rate imposed by Ringo.
 The sumbong and kassunduan ng pag aayos was written in plain and simple language, which a
person of ordinary intelligence can discern the consequences thereof.
 It is also of no contention that the imposed increase in boundary rate is Ringo's exercise of
management prerogative.
 Records fail to show any reason why Dionito should not abide by this employer's right to control
and manage his enterprise effectively, especially when it is reasonable and exercised in good
faith.
 By returning the jeepney and its keys, coupled with his non-payment of the adjusted boundary
rate, Dionito has opted to leave rather than stay employed where he believes that personal
reasons cannot be sacrificed for the favor of employment.
 Indeed, Dionito has resigned from employment.
Resignation - the formal renunciation or relinquishment of a position or office - is the
voluntary act of an employee compelled by personal reason(s) to dissociate himself from
employment.
Reversed.

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