TIRAZONA v.

PHILIPPINE EDS TECHNO-SERVICE

INC. (PET, Inc.)
January 20, 2009 | Chico-Nazario, J. | When to/not to tilt
the scales of justice as a measure of equity and
compassionate social justice
Digester: Arreza, Jose Augusto
SUMMARY: Petitioner Tirazona was dismissed from
service by Respondent PET, Inc. for her willful breach
of trust reposed upon her by her employer. The NLRC,
CA, and SC all found her dismissal as justified. In her
2nd Motion for Reconsideration, she prayed for the
invalidation of her dismissal and for the award of
separation pay for just causes on the basis of equity.
The SC denied her petition for lack of merit.
DOCTRINE: Separation pay shall be allowed as a
measure of social justice only in those instances where
the employee is validly dismissed for causes other than
serious misconduct or those reflecting on his moral
character.
FACTS:
Because of her improper handling of a situation
involving a rank-and-file employee, officers/directors
of respondent PET, Inc. called the attention of
petitioner Ma. Wenelita Tirazona, the Administrative
Manager of respondent company. Claiming she was
denied due process, she demanded Php 2M
indemnity from PET and its officers/directors. She
also admitted to reading a confidential letter
addressed to PET officers/directors containing the
legal opinion of the counsel of PET regarding her
case. Because of all this, she was validly terminated
on the ground that she willfully breached the trust
and confidence reposed in her by her employed. The
SC denied her original petition.

Apr. 29, 2008: Petitioner moved for reconsideration

praying that her dismissal be declared illegal and
that she be awarded separation pay and retirement
benefits out of humanitarian considerations. But the
SC denied MR.
Aug. 21, 2008: Petitioner filed a Motion for Leave to
File a Second Motion for Reconsideration for the
reconsideration of the SC resolution raising
essentially the same arguments and prayers.

RULING: Motion for leave to file a second Motion for

Reconsideration is DENIED for lack of merit.
W/N her dismissal was justified YES
W/N she may be awarded separation pay out of
humanitarian considerations NO
First of all, a 2nd MR is prohibited, except for
extraordinarily persuasive reasons [Sec. 2, Rule 52,
ROC]. Here, no extraordinary persuasive reasons
are present to allow the 2nd MR.
Next, as re petitioners dismissal, the general rule is
that an employee who has been dismissed for any of
the just causes enumerated under Art. 282 of the
Labor Code is not entitled to separation pay. Only
unjustly dismissed employees are entitled to
retirement benefits and other privileges including
reinstatement and backwages.
An exception, however, is that separation pay or
other financial assistance may be allowed to an
employee dismissed for just causes on the basis of
equity. This shall be allowed as a measure of social
justice only in those instances where the employee is
validly dismissed for causes other than serious
misconduct or those reflecting on his moral
character.

Given the above, petitioner is not entitled to the

award of separation pay for violating the trust and
confidence reposed in her by her employer when she
arrogantly demanded from respondent the
exorbitant amount of Php 2M in damages with a
threat of a lawsuit if the money was not paid within
five days. She also continually refused to cooperate
with PETs investigation of her case.
Lastly, petitioner tried to persuade the Court to
consider in her favor the length of her service to
PET, but in the end, failed. She claimed that she was
employed by PET for 26 years. However, it was later
on found out that she had only been there for 2
years and 9 months.
The cases she cited to support her case were
misleading as the circumstances were totally
different from hers.