Case Digest (G.R. No. 211522)
Facts:
- J' Marketing Corporation (JMC) is the petitioner; Fernando S. Iguiz is the respondent.
- Iguiz was employed as a driver in September 1995 and later promoted to collector/credit investigator at JMC's Kalibo Branch.
- On December 11, 2006, Iguiz submitted a Daily Cash Collection Report showing a shortfall of P5,811.
- JMC's Kalibo Branch Manager, Pepito P. Estrellan, required an explanation within 24 hours and suspended Iguiz.
- Iguiz claimed the shortage was due to flooding from Typhoon "Siniang" and offered to pay the amount.
- An audit revealed further discrepancies totaling P15,300 and $29 from 14 customers without official receipts.
- Estrellan issued another memorandum on February 8, 2007, asking for an explanation regarding loss of trust and confidence.
- Iguiz alleged he was not given a fair chance to defend himself during the administrative investigation.
- On March 7, 2007, JMC terminated Iguiz's employment for dishonesty and breach of trust under Article 282 of the Labor Code.
- Iguiz filed a complaint for illegal dismissal with the National Labor Relations Commission (NLRC), which was initially dismissed.
- Upon appeal, the NLRC reversed the decision, declaring the dismissal illegal and awarding various benefits to Iguiz.
- JMC's appeal to the Court of Appeals (CA) was denied, leading to the current petition for review on certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied the petition, affirming the Court of Appeals' decision that Iguiz was illegally dismi...(Unlock)
Ratio:
- The Supreme Court stated that the employer bears the burden of proof to show that dismissal was for just cause, as required by the Labor Code.
- JMC did not provide sufficient evidence to support claims of dishonesty and breach of trust against Iguiz.
- The Court noted that loss of trust must stem from a willful breach, which was not proven in this case.
- Evidence, including the audit report and cus...continue reading
Case Digest (G.R. No. 211522)
Facts:
The case involves J' Marketing Corporation (JMC) as the petitioner and Fernando S. Iguiz as the respondent. Iguiz was employed by JMC as a driver in September 1995 and was later promoted to collector/credit investigator at JMC's Kalibo Branch. On December 11, 2006, Iguiz submitted a Daily Cash Collection Report for the week of December 4-9, 2006, but was found to be short in his remittance by P5,811. JMC's Kalibo Branch Manager, Pepito P. Estrellan, issued a memorandum requiring Iguiz to explain the shortage within 24 hours and subsequently suspended him. In his response dated December 14, 2006, Iguiz claimed that the amount was lost due to flooding caused by Typhoon "Siniang" and tendered the amount as payment.
Following this incident, JMC conducted an audit and discovered further discrepancies involving unremitted collections totaling P15,300 and $29 from 14 customers, which lacked official receipts. Estrellan issued another memorandum on February 8, 2007, asking Iguiz to explain why he should not be reprimanded for loss of trust and confidence. An administrative investigation was conducted, but Iguiz claimed he was not given a fair opportunity to defend himself. On March 7, 2007, JMC terminated Iguiz's employment, citing dishonesty and breach of trust as grounds for dismissal under Article 282 of the Labor Code.
Iguiz filed a complaint for illegal dismissal with the National Labor Relations Commission (NLRC), whic...