G.R. No.

174158 June 27, 2011

WILLIAM ENDELISEO BARROGA, Petitioner,
vs.
DATA CENTER COLLEGE OF THE PHILIPPINES and WILFRED BACTAD, 1
Respondents.

Facts:
In November 1991, William Barroga was hired as an instructor by Data Center
College in its Laoag City, Ilocos Norte campus and was later re-assigned to
Vigan, Ilocos Sur in June 1992 with a monthly allowance of P1,200.00 for board
and lodging while performing his job in Vigan wherein it is clear in writing that
Barroga is only entitled to the additional allowance while assigned in Vigan and
such allowance may be changed or forfeited if he will be re-assigned
somewhere.

In 1994, he was recalled to Laoag and much later assigned as the temporary
Head of Education wherein he was also given a scholarship grant to support his
post-graduate studies.

In 2003, Barroga was advised that he will be transferred to Bangued, Abra where
he refused because his father was sick and second, he found out that there will
be no additional allowance this time and that he will be working there as an
instructor and not as a Head of Education.

In the same year, he filed a labor case against Data College for constructive
dismissal alleging that the real purpose of his transfer is to demote him to the
rank of an instructor from being the Head for Education performing administrative
functions and that his re-assignment will entail an indirect reduction of his salary
or diminution of pay considering that no additional allowance will be given to
cover for board and lodging expenses.

He claims that such additional allowance was given in the past and therefore
cannot be discontinued and withdrawn without violating the prohibition against
non-diminution of benefits.

Issue/s:
Whether or not the absence of additional allowance in Barroga’s supposed re-
assignment constitutes a diminution of benefits.
Held:
No, it is true that as a general rule, benefits and perks enjoyed by employees
cannot be reduced and discontinued or diminished.
But this rule is only applicable to grants or benefits which are founded on an
express policy or has ripened into a practice over a long period which is
consistent and deliberate.
In the case at bar, Barroga’s additional allowance while in Vigan is not
permanent and in fact, Data College made clear that such allowance is only
applicable while Barroga is in Vigan and such allowance is no longer applicable if
he is going to be assigned somewhere. Further, Data College showed that it is
experiencing financial difficulties hence the need to withdraw the scholarship
previously granted to Barroga.

On the issue of his removal as Head for Education, the same is valid since
Barroga was merely assigned in a temporary capacity, such designation is
terminable at the pleasure of Data College which made such appointment.