Cruz v.

BPI
GR No. 173357; Feb. 13, 2013; J. Peralta
Case D!est b"# P$l% &'() *. De &llo
Fa+ts:
Rowena De Leon Cruz
- petitioner; hired by Far East Bank and Trust Co. (FEBTC in !"#".
- auto$ati%a&&y be%a$e e$p&oyee o' respondent B() upon $er*er o' B() and FEBTC in +pri&
,---.
- he&d position as +ssistant Bran%h .ana*er o' B() +ya&a +/e.0 .akati and was in %har*e o' the
Tradin* 1e%tion.
B()
- respondent; ter$inated petitioner2s e$p&oy$ent on 3u&y !,0 ,--, on *rounds o' *ross
ne*&i*en%e and brea%h o' trust. This was brou*ht about by the 'raud perpetuated a*ainst three
depositors in the +ya&a +/e. Bran%h: there were unauthorized pre-ter$inations4withdrawa&s o'
51 do&&ar deposits at that bran%h and petitioner was $ade to e6p&ain.
- issued a noti%e o' ter$ination on 3u&y !-0 ,--, upon petitioner in'or$in* her o' her dis$issa&
on 3u&y !,0 ,--, on *rounds o' *ross ne*&i*en%e and brea%h o' trust.
Labor +rbiter - the dis$issa& was i&&e*a&.
7LRC - re/ersed L+: &e*a& - was 'or a /a&id %ause.
C+ - a''ir$ed 7LRC: &e*a&; .4R denied.
Issue,s: 897 the dis$issa& was &e*a&.
-el':
:es.
+'ter a re/iew o' the re%ords o' this %ase0 the Court a*rees with the 'indin*s o' the C+ and the
7LRC that the petitioner2s dis$issa& was 'or a /a&id %ause: it was *rounded on the *ross
ne*&i*en%e and brea%h o' trust reposed upon her under +rt. ,#, (B and (C o' the Labor Code.
The basi% pre$ise 'or dis$issa& on the *round o' &oss o' %on'iden%e is that the e$p&oyees
%on%erned ho&d a position o' trust and %on'iden%e.
)t is this brea%h that resu&ts in the e$p&oyer2s &oss o' %on'iden%e in the e$p&oyee.
(etitioner ho&ds a $ana*eria& status sin%e she is tasked to a%t in the interest o' her e$p&oyer as
she e6er%ises independent ;ud*$ent when she appro/es pre-ter$inations or withdrawa&s: she
was re$iss in her duties when she did not %a&& the depositors to appear be'ore her0 et%.