PT&T v.

CA
Topic: What Constitutes a Promotion, Promotions must be accepted.
Relevant Provisions: (just the title of the provision)

G. R. No. 152057
Sep. 29, 2003
Callejo, J.
Petitioners: PT&T
Respondents: CA, and a bunch of PTTs employees
Summary: PT&T was pursuing a reorganization program. It reassigned a bunch of its employees to different
locations around the country. The employees refused because it would be hassle for them super far from their
homes, and away from their families. PT&T dismisses them for willful disobedience. They file for illegal dismissal, LA
dismissed, buyt NLRC and CA agree with them. SC agrees with employees because of the additional
responsibilities and benefits that the new jobs entailed, such reassignment was in the nature of a promotion and thus
must first be accepted by the employer.
FACTS:

PT&T (PTT) is a domestic corp engaged in the business of providing telegraph and communication services.

Respondents in this case are 7 of PTTs employees.

In 1997, PTT conducted some studies regarding its operations, and decided on a Relocation and
Restructuring Plan, aimed at
o Sustaining retail operations
o Decongest surplus workforce in the interest of eddiciency
o Lower expenses in hiring and training
o Avoid retrenchment of emplyees occupying redundant positions.

On Aug 11, 1997, repsondents received letters giving the mthe option to choose which branch to be
transferred to.
o There were several benefits offered, such as special relocation allowances and moving expenses.
o Moreover, the employees who would agree to the transfers would be considered promoted.
o So note here that theres benefits, and theres a scalar (pataas) movement in rank. (as
opposed to lateral).

Respondents rejected the offer, and petitioner didnt like it. They were asked to explain why PTT shouldnt
discipline them.

Respondents said that the transfers would cause enormous difficulties for them due to the distance of the
new assignments.
o Some examples

Bicol to Romblon (he woukd have to take a long ass boat ride)

Zamboanga to Jolo (overnight boat ride).

Cabanatuan to Baguio

Gensan (GENSAN! GENSAN! GENERAL SANTOOOOS!) to Butuan (almost a days

travel by bus).

PTT considered this refusal as insubordination and willful disobedience of a lawful order and dismissed the
respondents.

Respondents filed with the Labor Arbiter.

LA dismissed the case

o Agreed with PTT that it was lawful exercise of mgmt prerogative
o Transfers were in good faith.

Respondents say that since the transfers were promotions, they had the right to refuse or decline. Thus,
their refusal could not be willful disobedience.
o LA said though that employer may transfer as long as no bad faith and no demotion.

NLRC reversed.

CA agreed with NLRC.

They considered the transfers as promotions, noting the scalar ascent, as opposed to lateral movement.
(Tumaas sila, hindi gumalaw sa same level).

CA agreed.
Hence, this petition
Issues
W/N the dismissal was proper No.
Held: Petition DENIED.
Ratio:

First of all, PTT went to the SC through rule 45, which limits queries to questions of law.
o PTT wanted to have SC to ascertain whether NLRCs findings were substantiated by evidence,
thus requiring areview of the facts.
o For this reason alone, dapat dismissed.
o Tapos na. Joke.
Even if the SC were to review on the merits, they would still dismiss.
o Rules of NLRC provide that the verified position papers submitted to the LA shall cover only the
claims and Causes of aCtion raised in the complaint.
o The parties shall not be allowed thereafter to allege facts or present evidence not referred to in the
complaint or position papers.
In its position paper, PTT averred that the respondents were also promoted.
o They were promoted, not demoted, from a lower job grade to a higher job grade and would receive
higher salaries.
Also, the SC said that even without the higher salaries, the transfers were in the nature of promotions
o They cited Homeowners Savings and Loan Association v. NLRC
o Promotion is advancement from one position to another with an increase in duties and
responsibilities as authorized by law, usually accompanied by an increase in salary.
o So whats important is the advancement in position, not necessarily the increase in salary.
So since PTT said in its position paper that Hey, they have no reason to deny! Super reasonable kaya ng
offer namin! Theyre being promoted!!!, they cant now say that it wouldnt be a promotion.
Employees have the right to refuse or decline the promotion.
o Promotion is in the nature of a gift or reward, which a person has a right to refuse.
Thus, the refusal is not insubordinaiton or wilfull disobedience.
Petition dismissed MOTHAFUCKAAAA