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ORIENTAL SHIPMANAGEMENT CO. v. CA

This case has been cited 3 times or more.

	GR No. 167614 2009-03-24	ANTONIO M. SERRANO v. GALLANT MARITIME SERVICES AUSTRIA-MARTINEZ, J.
9 months 3 months Oriental v. CA [89] 12 months more than
	GR No. 178835 2009-02-13	MAGIS YOUNG ACHIEVERS' LEARNING CENTER v. ADELAIDA P. MANALO NACHURA, J.
Furthermore, well-entrenched is the rule that resignation is inconsistent with the filing of a complaint for illegal dismissal.[40] To be valid, the resignation must be unconditional, with the intent to operate as such; there must be a clear intention to relinquish the position.[41] In this case, respondent actively pursued her illegal dismissal case against petitioner, such that she cannot be said to have voluntarily resigned from her job.
	GR No. 161196 2008-07-28	BLUE ANGEL MANPOWER v. CA VELASCO JR., J.
We are not unaware that the execution of the resignation letters was undisputed, but the aforementioned circumstances of this case and the fact that private respondents filed a complaint for illegal dismissal from employment against Blue Angel completely negate the claim that private respondents voluntarily resigned.[8] Well-entrenched is the rule that resignation is inconsistent with the filing of a complaint for illegal dismissal.[9] To constitute resignation, the resignation must be unconditional with the intent to operate as such. There must be clear intention to relinquish the position. In this case, private respondents actively pursued their illegal dismissal case against Blue Angel such that they cannot be said to have voluntarily resigned from their jobs.