CASE 2019-0060: PHILIPPINE NATIONAL BANK VS. MANUEL C. BULATAO (G.R. NO. 200972. DECEMBER 11, 2019, HERNANDO, J.) (SUBJECT/S: PROMISSORY ESTOPPEL; ABANDONMENT AND TERMINATION; DOUBT BEING RESOLVED IN FAVOR OF EMPLOYEE – EQUIPOISE DOCTRINE) (BRIEF TITLE: PNB VS. BULATAO)
DISPOSITIVE:
SUBJECTS/DOCTRINES/DIGEST:
WHAT HAPPENED IN THIS CASE?
BULATAO WAS IT HEAD OF PNB. HE WAS INDUCED TO RETIRE BECAUSE THE PRESIDENT OF PNB OFFERED RETIREMENT OPTION. AND HE RETIRED BECAUSE HE DID NOT LIKE WHAT WAS HAPPENING IN HIS GROUP. LATER HE WITHREW HIS RETIREMENT LETTER AND RESUMED WORKING. AFTER SEVERAL DAYS HE WAS INFORMED THAT THE BOARD APPROVED HIS RESIGNATION. PNB CONSIDER HIS LETTER AS RESIGNATION BECAUSE THERE WAS NO RETIREMENT SCHEME IN PLACE. SUPREME COURT RULED HE WAS ILLEGALLY DISMISSED. THE PROMISE OF RETIREMENT TO HIM CONSTITUTES PROMISSORY ESTOPPEL. IF THERE IS DOUBT AS TO WHETHER HE INTENDED TO RETIRE OR RESIGN, SUCH DOUBT SHALL BE RESOLVED IN HIS FAVOR.
WHAT IS PROMISSORY ESTOPPEL?
WHEN IS THERE ABANDONMENT?
WHEN THE EMPLOYEE FAILED TO REPORT FOR WORK AND WHEN THERE IS CLEAR INTENTION ON THE PART OF THE EMPLOYEE TO ABANDON HIS WORK AS MANIFESTED BY OVERT ACT TO SEVER EMPLOYER-EMPLOYEE RELATIONSHIP.
DID BULATAO COMMIT ABANDONMENT?
NO. BULATAO’S FILING OF AN ILLEGAL TERMINATION CASE SHOWS THAT HE HAS NO INTENTION TO SEVER EMPLOYER-EMPLOYEE RELATIONSHIP.
WHEN THERE IS DOUBT AS TO WHICH EVIDENCE IS TRUE, THAT DOUBT MUST BE RESOLVED IN FAVOR OF THE EMPLOYEE. EQUIPOISE DOCTRINE.
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SCD-2019-0060-Philippine National Bank Vs. Manuel C. Bulatao
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