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40 Deles V NLRC (Full Text)
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40 Deles V NLRC (Full Text)
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SECOND DIVISION
DECISION
QUISUMBING, J.:
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forestry jobs kerosene tank to the aviation fuel tank when the joint
terminal facility turbine meter registers 2,944 barrels
labor board of kerosene delivered. Apparently, Yumul failed to
execute correctly petitioner’s order. Instead of effecting
civil cases
the batch change at the prescribed reading of 2,944
barrels, Yumul caused the batch change when the
cases law o ce
reading already reached 3,341 barrels. Thus, about
gr case 397 barrels of the succeeding batch of aviation turbine
fuel went to the kerosene batch thereby downgrading
the former.
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G.R. No. 126212 By your admitted act, you had exposed JTF, the
March 2, 2000 - SEA- Pandacan installations of Caltex and Shell, and the
LAND SERVICE v. adjacent communities to the danger of a major
COURT OF APPEALS, catastrophic tank explosions and untold loss of lives
ET AL. and unquantifiable damage to properties.
G.R. No. 126814 Certainly, your act is punishable under Section 7.10 of
March 2, 2000 - JUDY our Code of Employees Discipline.
CAROL L. DANSAL, ET
AL. v. GIL P. This and your other violations and breach of existing
FERNANDEZ, ET AL. policies/regulations concerning safety and other as well
as your other established acts or omissions left us with
G.R. No. 127718 no alternative but to terminate your services for loss of
March 2, 2000 - confidence effective September 14, 1993." 5
NATIONAL
FEDERATION OF Having been dismissed, petitioner amended his
LABOR v. NLRC, ET complaint by including the charge of illegal dismissal
AL. with a claim for unpaid wages.
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44 March 2, 2000 -
PEOPLE OF THE PHIL. "WHEREFORE, the Decision dated May 30, 1994 is
v. ILDEFONSO hereby MODIFIED. Respondent is hereby directed to
BAYONA indemnify the petitioner the amount equivalent to his
one (1) month salary or the amount of thirteen
G.R. Nos. 104769 thousand three hundred [pesos] (P13,300.00) for
& 135016 March 3, failure to comply strictly with due process prior to
2000 - AFP MUTUAL termination." 7
BENEFIT
ASSOCIATION v. His motion for reconsideration having been denied,
COURT OF APPEALS, petitioner filed the instant petition, raising the following
ET AL. issues: chanrob1es virtual 1aw library
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COURT OF APPEALS, present evidence. After both parties were heard, they
ET AL. filed their respective affidavits, position papers and
memoranda. In our view, the labor arbiter properly
G.R. Nos. 116044- found that despite considering these documentary
45 March 9, 2000 - evidence, averments of Flaviano Santos in his affidavit
AMERICAN AIRLINES indicting petitioner for tampering with the gravitometer
v. COURT OF and admitting the wrongdoing 14 stand on solid
APPEALS, ET AL. ground. Further, petitioner did not quite succeed to
convince the respondent NLRC to rule otherwise.
G.R. Nos. 116084-
85 March 9, 2000 - Now, it must be emphasized that loss of trust and
PEOPLE OF THE PHIL. confidence constitutes a valid ground for dismissing an
v. DAMASO JOB employee. As provided for in the Labor Code: "ART.
282. Termination by employer. — An employer may
G.R. No. 118216 terminate an employment for any of the following
March 9, 2000 - causes: . . . (c) Fraud or willful breach by the
DELTAVENTURES employee of the trust reposed in him by his employer
RESOURCES v. or duly authorized representative. . ." Of course, it
FERNANDO P. must be stressed also that loss of confidence as a just
CABATO, ET AL. cause for termination of employment is premised on
the fact that an employee concerned holds a position of
G.R. No. 120060 trust and confidence. This situation holds where an
March 9, 2000 - employee or official of the company is entrusted with
CEBU WOMAN’S CLUB responsibility involving delicate matters, such as the
v. LORETO D. DE LA custody, handling, or care and protection of the
VICTORIA, ET AL. employer’s property. In the case of company personnel
occupying such positions of responsibility, the Court
G.R. No. 121348 has repeatedly held that loss of trust and confidence
March 9, 2000 - justifies termination. 15
ANGELITO P. DELES
v. NLRC, ET AL. As regards a managerial employee, moreover, mere
existence of a basis for believing that such employee
G.R. No. 121998 has breached the trust of his employer would suffice
March 9, 2000 - for his dismissal. Proof beyond reasonable doubt is not
PEOPLE OF THE PHIL. required, it being sufficient that there is some basis for
v. TEODORICO such loss of confidence, such as when the employer
CLEOPAS, ET AL. has reasonable ground to believe that the employee
concerned is responsible for the purported misconduct,
G.R. No. 125233 and the nature of his participation therein renders him
March 9, 2000 - unworthy of the trust and confidence demanded by his
Spouses ALEXANDER position. 16
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G.R. Nos. 133345 WHEREFORE, the instant petition is DENIED for lack of
& 133324 March 9, merit. The assailed decision of public respondent NLRC,
2000 - JOSEFA CH. which upheld the Labor Arbiter’s decision dismissing
MAESTRADO v. petitioner’s complaint, is AFFIRMED with the
COURT OF APPEALS, MODIFICATION that the award of indemnity in the
ET AL. amount equivalent to petitioner’s one (1) month salary
is DELETED. No pronouncement as to costs.
G.R. No. 133382
March 9, 2000 - SO ORDERED. chanrobles virtuallawlibrary:red
COMELEC, ET AL.
1. Rollo, p. 81.
A.M. No. 99-9-11-
SC March 10, 2000 -
2. A pipeline operation to separate two
RE: DISCIPLINARY
adjacent oil products passing through the
ACTION AGAINST
pipeline to the respective storage tanks in
RICARDO BANIEL III
the terminal facility.
5. Id. at 55.
G.R. No. 127845
March 10, 2000 -
6. Id. at 96-105.
PEOPLE OF THE PHIL.
v. LODRIGO BAYYA
7. Id. at 119.
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FRANCISCO S.
AMPIG, ET AL.
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ALEXANDER
RIMANDO, ET AL.
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LITONJUA, ET AL. v. L
& R CORPORATION,
ET AL.
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HARRY TANZO v.
FRANKLIN M.
DRILON, ET AL.
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v. COURT OF
APPEALS, ET AL.
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