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D. M. CONSUNJI CORPORATION, PETITIONER, VS. ROGELIO P. BELLO, RESPONDENT.

D. M. CONSUNJI CORPORATION, PETITIONER, VS. ROGELIO P. BELLO, RESPONDENT.

G.R. No. 159371 | 2013-07-29

FIRST DIVISION

D E C I S I O N

BERSAMIN, J.:

For the resignation of an employee to be a viable defense in an action for illegal dismissal, an employer must prove that the resignation was voluntary, and its evidence thereon must be clear, positive and convincing. The employer cannot rely on the weakness of the employee’s evidence.

The Case

We now review the decision promulgated on February 18, 2003,[1] whereby the Court of Appeals (CA) granted the petition for certiorari of respondent Rogelio P. Bello, reversed and set aside the resolutions dated January 3, 2002[2] and February 26, 2002[3] of the National Labor Relations Commission (NLRC), and...