continued employment is rendered impossible, unreasonable or unlikely. In the case at
bar, the petitioners were made to suffer unbearable conditions in the workplace and
the inhuman treatment of their employer until they were left with no choice but to
quit. Thus, it cannot be said that the resignation and repatriation of complainants
Curameng, Bautista, Sarmienta and Guillermo was voluntary.
It was held in the case of Valdez vs. NLRC, 286 SCRA 87:
It would have been illogical for herein petitioner to resign and then file a complaint
for illegal dismissal. Resignation is inconsistent with the filing of said complaint.
Indeed, unlike the Valdez case where there was no pronouncement of resignation on
the part of the complainant, there were written resignations submitted by the said
petitioners in the case at bar. The more important consideration is whether such
written resignations were made voluntarily. Based on the foregoing circumstances, it
cannot be gainsaid that the instant complaint for illegal dismissal indicates that the
resignations and repatriations of the petitioners were not done freely on their part. It is
highly unlikely that these workers, after having invested so much time, effort and
money to secure their employment abroad would just quit even before the expiration
of their contract.
We have more reason to rule that the repatriations of petitioners Paramio and Navarra
were not voluntary.
[81]
We thus rule that the respondents were constructively dismissed from their
employment. There is constructive dismissal if an act of clear discrimination,
insensibility, or disdain by an employer becomes so unbearable on the part of the
employee that it would foreclose any choice by him except to forego his continued
employment.[82] It exists where there is cessation of work because continued
employment is rendered impossible, unreasonable or unlikely, as an offer involving a
demotion in rank and a diminution in pay.[83]
We find it incredible that, after all the expenses and the trouble they went through in
seeking greener pastures and financial upliftment, and the concomitant tribulations of
being separated from their families, the respondents would suddenly and without reason
decide to resign, return home and be jobless once again. The respondents had no
choice but to agree to their employers demand to sign and execute the respective
agreements. They were stranded in a foreign land, with their remunerations
considerably diminished by numerous illegal deductions. Their plight was all the more
made unbearable by the inhumane working conditions.
We note that the agreement signed by respondent Curameng, Jr. was
mimeographed and prepared by his employer. Except for his handwritten name, the
words Im go (sic) very verry (sic) and his signature at the bottom of the document, the