Professional Documents
Culture Documents
When asked to comment on the petition as counsel for NLRC, the Solicitor General, The existence and implementation of this policy are clearly discernible
assisted by Assistant Solicitor General Zoilo A. Andin and Trial Attorney Alexander Q. from the questions appearing in the application form under the
Gesmundo, agreed with the petitioners' stand that the dismissal of the private respondent heading:"TO BE FILLED BY SALES APPLICANTS ONLY," and the fact that
from his employment was for valid reasons. Abbott, depending upon the needs of its marketing and sales
operations, periodically made transfers or reassignment of its sales
people.
The main issue in this case is whether or not Albert Bobadilla could be validly dismissed
from his employment on the ground of insubordination for refusing to accept his new
assignment. Complainant was precisely hired because he manifested at the outset
as a job applicant his willingness to follow the conditions of his
employment. In line with the policy, as practiced, Abbott, thru Jaime
We are constrained to answer in the affirmative. Victa, issued an inter-office correspondence transferring complainant to
a newly opened sales territory-the Cagayan Region, comprising the
The hiring, firing, transfer, demotion, and promotion of employees has been traditionally provinces of Cagayan, Nueva Vizcaya and Isabela. According to
Identified as a management prerogative subject to limitations found in law, a collective respondents, complainant was selected as PMR for the region primarily
bargaining agreement, or general principles of fair play and justice. This is a function because he was a veteran and seasoned PMR who can operate
associated with the employer's inherent right to control and manage effectively its immediately with minimum training and supervision.
enterprise. Even as the law is solicitous of the welfare of employees, it must also protect
That complainant is a veteran and seasoned PMR is admitted. In fact, By the very nature of his employment, a drug salesman or medical representative is
it is even conceded by respondents that complainant was the leader of expected to travel. He should anticipate reassignment according to the demands of their
his peers in PED as indicated in the letter dated 20 December 1982 of business. It would be a poor drug corporation which cannot even assign its
Jaime Victa to complainant. That the Cagayan Region is relatively representatives or detail men to new markets calling for opening or expansion or to areas
inaccessible cannot be debated. That the territory needed a responsible where the need for pushing its products is great. More so if such reassignments are part
PMR who could work under the least supervision is a judgment of of the employment contract.
respondents. And that this judgment was arrived at upon consultations
among the PED Marketing Manager Jaime Victa, the Director for
WHEREFORE, the petition is hereby GRANTED. The questioned decision of the National
Administration Francisco Lim, and the General Manager A. C. Bout has
Labor Relations Commission is SET ASIDE. The decision of the labor Arbiter dated April
been proven by respondents.
16,1985 is REINSTATED.
Complainant asserted that the true reason for his transfer was the
personal ill motives on the part of respondent Victa who resented the
derogatory remarks attributed to him, as purportedly shown in Victa's
memoranda dated 20 December 1982 and 26 April 1983. However, a
cursory reading of said memoranda in question who show that the same
were legitimately issued by Victa in the exercise of his functions as PED
Manager. And the fact that complainant never lifted a finger to formally
question said memoranda is a mute admission on his part that the
allegations therein are true.
Therefore, Bobadilla had no valid reason to disobey the order of transfer. He had tacitly
given his consent thereto when he acceded to the petitioners' policy of hiring sales staff
who are willing to be assigned anywhere in the Philippines which is demanded by the
petitioners' business.