gr_118159_1998

PANGANIBAN, J.:

As a just and valid cause for dismissal, willful disobedience involves the violation of a rule, order or instruction which is (1) reasonable and lawful, (2) sufficiently known to the employee, and (3) connected with the duties which the employee has been engaged to discharge. Abandonment, on the other hand, requires a showing that an employee (1) deliberately and unjustly refuses to resume his work and (2) has no intention to return to it. The Case The Court reiterates these principles in resolving this petition for certiorari under Rule 65 of the Rules of Court assailing the Resolutions dated September 22, 1993 and December 16, 1993, which were promulgated by the National Labor Relations Commission1 in NLRC Case No. RAB 09-08-00235-91.

Petitioners filed at the Regional Arbitration Branch No. 09 in Zamboanga City a Complaint. against private respondents for illegal termination by way of constructive dismissal. After conciliation proceedings failed to settle the matter, the parties were ordered to submit their respective position papers.

On February 17, 1992, Labor Arbiter Rhett Julius J. Plagata rendered a Decision in favor of petitioners:2

WHEREFORE, in view of the foregoing considerations, judgment is hereby rendered in the above-entitled case: (1) Declaring the [petitioners'] dismissal to be illegal for being without just cause; (2) Ordering PEFTOK Integrated Security Services, Inc., through its president or other duly authorized corporate officer, to pay the [petitioners] the following awards in the following sums: ℒαwρhi৷ℒαwρhi৷7!ᕼdMᗄ7 Constancio Silagan Backwages P17,088.00 Separation Pay 19,936.00 Attorney's Fees 1,000.00 & Litigation Expenses Total . . . . . . . . . . . . . . .