Title
Apo Cement Corp. vs. Baptisma
Case
G.R. No. 176671
Decision Date
Jun 20, 2012
Employee dismissed for alleged kickbacks; Supreme Court upheld termination, citing substantial evidence and loss of trust in managerial role.
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Case Digest (G.R. No. 176671)

Facts:

Employment Details

  • Respondent Zaldy E. Baptisma was employed by petitioner Apo Cement Corporation on June 16, 1998, as the manager of its Power Plant Department.

Allegations of Irregularities

  • In September 2003, petitioner received information from employee Armando Moralda that some personnel, including respondent, were receiving commissions or kickbacks from suppliers.
  • Jerome Lobitaña, a supplier, corroborated Moralda's claims and executed an affidavit detailing instances where he allegedly gave respondent kickbacks.

Investigations and Termination

  • On November 3, 2003, respondent received a Show Cause Letter with Notice of Preventive Suspension.
  • Respondent denied the allegations in his written explanation on November 5, 2003.
  • Administrative hearings were conducted, during which Lobitaña provided detailed testimonies about the kickbacks.
  • On March 22, 2004, respondent was terminated from employment on the ground of loss of trust and confidence.

Labor Case Proceedings

  • Respondent filed a complaint for illegal dismissal with the NLRC, which ruled in his favor.
  • The NLRC reversed the Labor Arbiter's decision, finding respondent’s termination justified.
  • The Court of Appeals reinstated the Labor Arbiter’s decision, but modified it by awarding separation pay instead of reinstatement.

Issue:

  1. Whether the loss of trust and confidence was grounded on established facts.
  2. Whether the Court of Appeals erred in disregarding the testimony of Jerome Lobitaña.
  3. Whether petitioner had just cause to terminate respondent’s employment.
  4. Whether the legal and factual findings of the lower courts were contradictory, warranting a factual review by the Supreme Court.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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