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Rodriguez vs. Park N Ride, Inc., G.R. No. 222980, March 20, 2017, 821 SCRA 160

G.R. No. 222980| March 20, 2017

LOURDES C. RODRIGUEZ, petitioner, vs. PARK N RIDE, INC./VICEST (PHILS.), INC./GRAND LEISURE CORP./SPS. VICENTE & ESTELITA B. JAVIER, respondents.

Ponente: LEONEN, J.:

Doctrines:

At the onset, we stress that only questions of law may be raised in a petition for review on certiorari under Rule 45 of the Rules of Court. Factual findings of the Labor Arbiter and the National Labor Relations Commission, if supported by substantial evidence and when upheld by the Court of Appeals, are binding and conclusive upon this Court when there is no cogent reason to disturb the same. In the present case, due to lack of any palpable error, mistake, or misappreciation of facts, this Court discerns no compelling reason to reverse the consistent findings of the appellate court and the labor tribunals.

There is constructive dismissal when an employer’s act of clear discrimination, insensibility or disdain becomes so unbearable on the part of the employee so as to foreclose any choice on his part except to resign from such employment. It exists where there is involuntary resignation because of the harsh, hostile and unfavorable conditions set by the employer. We have held that the standard for constructive dismissal is “whether a reasonable person in the employee’s position would have felt compelled to give up his employment under the circumstances.” The unreasonably harsh conditions that compel resignation on the part of an employee must be way beyond the occasional discomforts brought about by the misunderstandings between the employer and employee. Strong words may sometimes be exchanged as the employer describes her expectations or as the employee narrates the conditions of her work environment and the obstacles she encounters as she accomplishes her assigned tasks. As in every human relationship, there are bound to be disagreements.

Constructive dismissal is defined as “quitting when continued employment is rendered impossible, unreasonable, or unlikely as the offer of employment involves a demotion in rank and diminution of pay.” (Rural Bank of Cantilan, Inc. vs. Julve, 517 SCRA 17 [2007])

There is constructive dismissal if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it would foreclose any choice by him except to forego his continued employment. (Duldulao vs. Court of Appeals, 517 SCRA 191 [2007])

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