1. What Is Constructive Dismissal?

Constructive dismissal (a.k.a. “forced resignation”) exists when an employer makes continued employment impossible, unreasonable, or intolerable, compelling the employee to quit. The Supreme Court treats it as illegal dismissal in disguise; the employee is considered to have been dismissed without just or authorized cause the moment the hostile act occurs.

Key doctrinal rulings

Case	G.R. No.	Date	Take‑away
Padillo v. Rural Bank of Nabua	178140	Jan 12 2022	Diminution of commissions equal to demotion → constructive dismissal.
GTE Directories Phils. v. Sanchez	135 GT	Feb 10 1999	Reassignment to a distant post without legitimate business reason = constructive dismissal.
Jaka Food Processing v. Pacot	151378	Mar 10 2006	Employer bears burden to prove voluntary resignation; silence ≠ acquiescence.

2. Legal Foundations

Source	Salient Provision
Labor Code, Art. 294 [formerly 286]	Guarantees security of tenure; any dismissal without just/authorized cause is illegal.
Art. 297–298	Enumerate just and authorized causes; constructive dismissal implies none apply.
Art. 301(c)	Reinstatement and back‑wages upon finding of illegal dismissal.
Constitution, Art. XIII §3	Affirms workers’ rights to security of tenure and humane conditions.

The Code is silent on “constructive dismissal” by name; the doctrine is jurisprudential, anchored on constitutional rights and the Civil Code’s provisions on obligations and contracts (Arts. 1700–1702).

3. Classic Fact Patterns the NLRC Treats as Constructive Dismissal

Demotion in rank or diminution of pay/benefits.
Geographical transfer that is unreasonable, punitive, or without business necessity.
Harassment, humiliation, or discrimination (e.g., public scolding, isolation, exclusion from meetings).
Unilateral and drastic schedule changes that wreak havoc on family or health.
Forced leave or indefinite suspension without pay.
Acceptance‑or‑leave offers (“Resign now and we’ll give you separation pay”).
Creation of a hostile work environment—systematic acts making the workplace unbearable.

Tip: Document everything—memos, e‑mails, CCTV, chat logs, witness statements.

4. Statute of Limitations

Claim	Prescriptive period	Basis
Illegal/constructive dismissal	4 years	Art. 1146, Civil Code (“injury to rights”)
Pure money claims (back wages, 13th month, allowances, OT) without dismissal issue	3 years	Labor Code, Art. 306

Filing within SEnA (see §5.1) tolls prescription.

5. Step‑by‑Step Procedure

5.1 Single‑Entry Approach (SEnA)

Request for Assistance (RFA) filed at any DOLE Regional Office or online.
30‑day conciliation‑mediation window (extendible by 7 days).
If unresolved, the SEnA officer issues a Referral to the appropriate forum (usually the NLRC). SEnA is mandatory except for cases involving OFWs, whose complaints may proceed directly to NLRC POEA cases.

5.2 Filing with the NLRC Regional Arbitration Branch

Document	Notes
Verified Complaint (NLRC RAB‑1 Form)	States facts, causes, and reliefs; attach Referral if via SEnA.
Annexes	Contract, pay slips, HR memos, e‑mails, SEnA minutes, etc.
Filing fee	₱500 docket + ₱100 legal research + 10% of monetary claims in excess of ₱100 000 (payable upon award).

5.3 NLRC Proceedings

Summons & Mandatory Conciliation‑Conference (2 settings).
Submission of Position Papers (simultaneous; attach affidavits/evidence).
Reply & Rejoinder (optional, usually written).
Clarificatory hearing (at arbiter’s discretion).
Decision (90 days from submission for resolution).

5.4 Post‑Decision Remedies

Stage	Remedy	Period
Losing party at Arbiter	Appeal to NLRC Commission (bond equal to monetary award if employer)	10 calendar days
Losing party at Commission	Rule 65 Certiorari to Court of Appeals	60 days
CA decision	Petition for Review on Certiorari (Rule 45) to Supreme Court	15 days

6. Burden of Proof & Evidentiary Rules

Employee must first prove:
- Existence of employer–employee relationship.
- Fact of dismissal (proved by showing the acts complained of made work impossible).
Employer then must prove:
- Dismissal was for a valid cause and due process was observed, or employee voluntarily resigned.

Failure to rebut = dismissal presumed illegal.

7. Reliefs Available

Immediate reinstatement (without bond) or separation pay in lieu (equivalent to one‑month pay per year of service, at employee’s option if strained relations).
Full back‑wages from date of dismissal until actual reinstatement or finality of decision.
Allowances & benefits (13th‑month, service incentive leave, etc.).
Moral and exemplary damages (need proof of bad faith or oppressive acts).
Attorney’s fees (10% of total monetary award when dismissal was in bad faith or employee compelled to litigate).

8. Practical Litigation Tips

Chronology: Prepare a timeline correlating employer acts with your forced resignation.
Medical records: Helpful if harassment caused anxiety or hypertension—supports damages.
Witnesses: Co‑workers’ sworn statements carry weight; notarize them.
Digital evidence: Authenticate e‑mails via “Print + Affidavit of Authenticity” protocol; offer server metadata if challenged.
Computation: Include a pro forma back‑wages worksheet to facilitate award (present basic pay × months, allowances, differential, 13th month, etc.).
Mitigation: Document job‑hunting efforts; although reinstatement is primary, proof of mitigation counters “undue delay” arguments.

9. Special Considerations

Scenario	Nuance
Probationary employees	Still protected; employer must show valid evaluation standards and actual appraisals.
Corporate officers	Must sue under intra‑corporate rules (RTC special commercial court), not NLRC (Pepsi‑Cola Products v. Rodriguez, G.R. 167379).
OFWs	File at POEA or via NLRC RAB‑NCR; monetary cap (three‑month rule) no longer applied after Serrano v. Gallant.
Whistle‑blowers	May invoke anti‑retaliation doctrines, increasing damages.

10. Checklist Before You File

☑ Identify acts constituting constructive dismissal.
☑ Gather documentary proof (memos, chats, pay slips).
☑ Secure sworn witness statements.
☑ Compute tentative monetary claims.
☑ File RFA under SEnA (unless exempt).
☑ Verify complaint, attach evidence, pay fees.
☑ Prepare for conciliation—know your settlement floor.

Conclusion

Constructive dismissal actions vindicate an employee’s constitutional right to decent work and security of tenure. Success hinges on prompt filing, well‑marshaled evidence, and precise invocation of jurisprudence. By understanding each procedural step—from SEnA to Supreme Court review—aggrieved workers and their counsel can navigate the Philippine labor system efficiently and secure full redress.