Tirazona v. CA

GR 169712

March 14, 2008

Facts: 

            Wenelita Tirazona, an administrative manager of PET (PH Eds-Techno Service Inc) was accused of humiliating Fe Balonzo, a rank-and-file employee, while she was reporting back to work after recuperating from tuberculosis, insinuated that in a manner loud enough that the latter still had the disease. Tirazona explained that her only intention was to orient Balonzo of her rights as a sick employee, that under the law, if the latter planned to resign, company can give her separation pay. Series of hearings occurred.

            She was terminated for serious misconduct and breach of trust because of her demand against the company and her invasion of PET’s right to privileged communication.

            Issues: 1. W/N there was breach of trust on Tirazona when she wrote the 2Million demand letter for damages warranting her dismissal

2. W/N due process was sufficiently and faithfully observed by respondents in the dismissal of petitioner from employment *W/N she was legally dismissed

Held:

          She was legally terminated. PET had enough reasons to distrust her due to her arrogance and hostility she has shown towards the company and her stubborn and uncompromising stance justifies termination. She was not denied due process because she was afforded notices and enough opportunity to defend herself but she did not exhaust such for she failed to attend scheduled hearings and yet PET still informed her what happened therein and even gave her chance to submit supplemental written explanation. Her letter contained false accusations and she demanded 2M pesos with a threat of lawsuit. Also reading a confidential letter, even if it concerns her, furthers the view that she cannot be trusted.

DOCTRINE:

            Managerial EE v Managerial EE

            An attack on [Mamoru Ono, Director of PET] PET’s corporate act is necessarily aimed at respondent PET because a corporation can only act through its officers, agents, and representatives.