Case Digest (G.R. No. 153569)
Facts:
Lolita S. Concepcion v. Minex Import Corporation/ Minerama Corporation, Kenneth Meyers, Sylvia P. Mariano, and Vina Mariano, G.R. No. 153569, January 24, 2012, Supreme Court En Banc, Bersamin, J., writing for the Court.Petitioner Lolita S. Concepcion was employed by Minex Import-Export Corporation (Minex), which operated retail kiosks selling semi-precious stones. Concepcion worked as a salesgirl and later was made a supervisor in July 1997. On October 23, 1997 she was assigned to the SM Harrison Plaza kiosk and instructed to hold the kiosk keys; salesgirls Cristina Calung and Lida Baquilar worked under her supervision.
On November 9, 1997 the kiosk recorded sales totalling P39,194.50 for the day and a three-day total of P50,912.00, which Concepcion wrapped and placed in the locked cabinet drawer. On the morning of November 10, 1997 she discovered the cabinet in disarray and the cash missing. While she was giving a statement to the mall security investigator, her supervisors Vina and Sylvia Mariano arrived with a policeman, arrested her and brought her to Precinct 9 of the Malate Police Station; she was detained for about 24 hours and released following instruction from the inquest prosecutor.
Minex filed criminal charges for qualified theft against Concepcion in the Office of the City Prosecutor. After preliminary investigation, the Assistant Prosecutor issued a resolution dated February 4, 1998 finding probable cause and recommended the filing of an information; the case was docketed in the Regional Trial Court as Criminal Case No. 98-165426. Concepcion's petition for review to the Department of Justice was denied on July 4, 2001.
Separately, Concepcion filed for illegal dismissal with the Department of Labor. Labor Arbiter Jose G. de Vera rendered a decision dated December 15, 1998 declaring her dismissal illegal and ordering reinstatement with full backwages, moral and exemplary damages and attorney's fees. On appeal the National Labor Relations Commission (NLRC) reversed on December 28, 2000, finding that Concepcion had either abandoned her job or, alternatively, that dismissal was justified for loss of trust and confidence in view of the finding of probable cause by the prosecutors and the filing of the information. The NLRC deleted the awards ordered by the Labor Arbiter. The NLRC denied reconsideration on March 16, 2001.
Concepcion sought relief from the Court of Appeals (CA) by certiorari challenging the NLRC's reversal. On December 20, 2001 the CA sustaine...(Pro-only)
Issues:
- Was the petitioner terminated for a just and valid cause (loss of trust and confidence) allowing lawful dismissal?
- Did the respondents afford the petitioner the due process required by law before effecting the...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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