G.R. No. 200571 - Casco vs. National Labor Relations Commission

Josephine Casco was employed by Capitol Medical Center (CAPITOL), a private hospital, starting as Staff Nurse in 1984.
She was promoted to Head Nurse of OB-Gyne Surgical Ward (1989), Nurse Supervisor of Surgical Ward (1991), and finally Nurse Supervisor of the Operating Room in 2002.
Her job summary as Nurse Supervisor includes supervision and management of nurses and services, planning nursing activities and personnel management, making decisions on arising problems, and accountability for losses, equipment malfunction, breakage, patients, and personnel.

On June 19 and July 3, 2006, petitioner received various hospital equipment (vaporizers, patient monitors, pulse oximeters) for the Operating Room.
During a calibration on January 25, 2008 by Abbott Laboratories, it was discovered several hospital equipment were missing.
Petitioner filed an Incident Report on January 31, 2007, reporting missing vaporizers, monitors, and pulse oximeters in the Operating Complex.
On February 7, 2008, CAPITOL issued a First Notice of Investigation accusing petitioner of gross negligence and requiring her explanation.
Petitioner responded on February 11, 2008, denying neglect, recalling her verbal suggestion to install surveillance cameras, indicating general access to the machine room was beyond her control, and expressing doubt that surveillance footage would be helpful.

On December 18, 2008, CAPITOL issued a Letter of Termination charging petitioner with gross negligence causing loss of equipment worth P2.9 million.
Petitioner filed a complaint for illegal dismissal and damages with the NLRC on February 2, 2009.

Labor Arbiter (LA) Daniel J. Cajilig ruled petitioner’s dismissal illegal and ordered her reinstatement with full backwages.
LA found absence of habitual neglect or gross negligence and noted Manual of Employee Discipline provisions did not warrant dismissal for the charge.

NLRC reversed the LA decision and dismissed petitioner’s complaint.
It concluded petitioner committed a series of negligent acts leading to loss of equipment and that dismissal was valid for loss of trust and confidence.
Petitioner’s motion for reconsideration was denied (September 17, 2010).

CA dismissed petitioner’s certiorari petition and upheld NLRC ruling.
It ruled that petitioner, as Nurse Supervisor, held a position of trust and was validly dismissed for loss of trust and confidence due to gross negligence.
CA emphasized petitioner’s failure to regularly inventory equipment and to secure the operating room despite knowledge of easy access to unauthorized persons.
Petitioner’s motion for reconsideration was denied on February 8, 2012.

Misappreciation of facts by CA and NLRC, particularly on validity of dismissal.
Care and custody of lost equipment were not primarily her responsibility.
She regularly conducted inventories prior to discovery of losses.
Lack of willful intent negating loss of trust and confidence as ground for dismissal.
Penalty imposed was not in accordance with the employer’s Manual.

Respondents maintain that the petitioner failed to regularly inventory and secure equipment, displayed willful negligence, and that her long service aggravated her liability.

Whether the Court of Appeals and NLRC gravely abused their discretion in upholding the dismissal of petitioner for gross negligence and loss of trust and confidence.
Whether petitioner was properly held liable for gross and habitual negligence in losing the hospital equipment.
Whether dismissal for loss of trust and confidence was valid considering petitioner’s position and circumstances of the loss.