SALENGA V.

CA
GR No. 174941
Februarery 1, 2012

FACTS:
Respondent Company, upon resolution of its Board of Directors, issued an order declaring redundant the position of
head executive assistant petitioners position during that time. The CEO informed petitioner that said order was part
of the reorganization scheme approved by the BOD. Hence, petitioners employment was to be terminated 30 days
from notice of the Order. Petitioner then filed a complaint for illegal dismissal with a claim for reinstatement and
payment of back wages, benefits, and moral and exemplary damages against respondent Company and the CEO.
The complaint was filed in the NLRC, respondents then alleged that the Court was without jurisdiction to hear the
case as the petitioner was a corporate officer and his dismissal then was an intra-corporate matter falling within the
jurisdiction of the SEC. Regardless, Labor Arbiter issued a decision in favor of petitioner. The LA held that petitioner
was a managerial employee, not a corporate officer hence the NLRC had jurisdiction over the matter. It was said that
the position of head executive assistant was a Job Level 12 position and not subject to election or appointment by the
BOD. The LA also found that respondent Company failed to establish a valid cause for termination of petitioners
employment. There was no evidence that showed that the position classified redundant actually was redundant. LA
also cited violations to petitioners right to due process as his dismissal was without the benefit of an explanation or
opportunity to be heard. The succeeding CEO ordered the Legal department not to appeal the decision and to inform
the OGCC but despite the instructions two separate appeals were filed before the LA. The appeals urged that the NLRC
was without jurisdiction as the petitioner was a corporate officer, they contained the requisite bond and an affidavit declaration by the
OGCC lawyers but were not accompanied by a board resolution from the respondents BOD authorizing the pursuance of the case.
The second appeal was filed by the CEO at the time of the termination of petitioner. He alleged that petitioner was dismissed even
before his position was classified as redundant and said dismissal was allegedly approved by the BOD. Thereafter, petitioner
opposed to the appeals