222 Bago vs. NLRC G.R. No. 17000, April 4, 2007 Facts

222 Bago vs.
NLRC
G.R. No. 17000, April 4, 2007
FACTS:
Bago and 5 other employees were dismissed by Celia P. Abordo (Abordo), head of the Tuguegarao Branch of Standard Insurance
Company Incorporated (SICI) for manipulating the company funds and spreading damaging rumors. Bago, the auditor of the company,
and the five other employees apologized for spreading the rumors. Abordo issued a memo to the employees requiring an explanation
for the charges. Thinking that Abordo had already forgiven them, the employees did not respond to the memo. Not receiving any
reply, the Human Resource Department of SICI proceeded with their investigation and found all the employees guilty and dismissed
them for loss of confidence and serious misconduct. Bago filed a complaint for illegal dismissal. She contended that there was no due
process in the investigation and that dismissal is a severe penalty for the offenses charged.
The Labor Arbiter found that Bago was illegally dismissed but the NLRC reversed the Labor Arbiter's decision and declared valid the
termination of Bago’s services on the grounds of loss of trust and confidence and dishonesty. Bago further claims that she is an
ordinary rank-and-file employee, hence, she cannot be dismissed for loss of trust and confidence. The CA found, however, that her
work is of such nature as to require a substantial amount of trust and confidence on the part of her employer.
ISSUE:
Whether the penalty of dismissal was valid despite the fact that the actual amount of money allegedly misappropriated was never
established?
HELD:
Yes. As a general rule, employers are allowed a wide latitude of discretion in terminating the employment of managerial personnel or
those who, while not of similar rank, perform functions which by their nature require the employer’s full trust and confidence. Proof
beyond reasonable doubt is not required. It is sufficient that there is some basis for loss of confidence, such as when the employer has
reasonable ground to believe that the employee concerned is responsible for the purported misconduct, and the nature of his
participation therein renders him unworthy of the trust and confidence demanded by his position. This must be distinguished from the
case of ordinary rank-and-file employees, whose termination on the basis of these same grounds requires a higher proof of
involvement in the events in question; mere uncorroborated assertions and accusations by the employer will not suffice.
Even assuming that Bago may be considered a rank and file employee, sufficient evidence of her involvement in the dishonest scheme
of SICI’s accountant and cashier who were also charged and found guilty exists. Not only was her participation established by the
internal audit conducted; the cashier identified her as part of the scheme, and she herself admitted her involvement. Her claim that
she merely received money from the cashier and the accountant without knowledge of its illegal source is contradicted by her
subsequent statement of January 7, 2003 submitted to the HRDD owning up to having participated in the scheme.
But even assuming further that Bago may not be dismissed for loss of confidence, she can, on the ground of fraud or betrayal of trust,
following Article 282 of the Labor Code which provides that:
An employer may terminate an employee for any of the following causes:
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
(e) Other causes analogous to the foregoing.
Whether or not the respondent was financially prejudiced is immaterial. Also, what matters is not the amount involved, be it paltry or
gargantuan; rather the fraudulent scheme in which the petitioner was involved, which constitutes a clear betrayal of trust and
confidence. Although the length of service is taken into consideration in imposing the penalty to be meted an erring employee, the
case involves dishonesty and pilferage by petitioner which resulted in respondent’s loss of confidence in him. Unlike other just causes
for dismissal, trust in an employee, once lost is difficult, if not impossible, to regain. Flores v. NLRC provides that: The fact that
petitioner worked for private respondent for twenty-one (21) years, if it is to be considered at all, should be taken against him. The
infraction that he committed, vis-à-vis his long years of service with the company, reflects a regrettable lack of loyalty. Loyalty that he
should have strengthened instead of betrayed. If an employee’s length of service is to be regarded as a justifying circumstance in
moderating the penalty of dismissal, it will actually become a prize for disloyalty, perverting the meaning of social justice and
undermining the efforts of labor to cleanse its ranks of all undesirables.

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