G.R. No. 188267 - Baguio Central University vs. Gallente

The case involves a petition for review on certiorari challenging the decisions of the Court of Appeals (CA) regarding the dismissal of Ignacio Gallente from Baguio Central University (BCU).
Gallente was initially hired as an instructor and later promoted to Dean of the Colleges of Arts and Sciences and Public Administration.
In 2005, Gallente organized the GRC Review and Language Center, Inc. (GRC), which offered review classes for various professional examinations, raising concerns from BCU regarding conflict of interest and misuse of university resources.

BCU's President, Dr. Margarita Fernandez, confronted Gallente about the establishment of GRC and its implications for BCU.
Gallente resigned on September 30, 2005, and subsequently filed a complaint for illegal dismissal and other claims against BCU.
The Labor Arbiter (LA) ruled in favor of Gallente, declaring his dismissal illegal and ordering BCU to pay various benefits.

The National Labor Relations Commission (NLRC) partially granted BCU's appeal, finding justifiable grounds for Gallente's dismissal based on loss of trust and confidence.
The NLRC concluded that Gallente's actions constituted a conflict of interest and disloyalty, despite the absence of actual damage to BCU.

The CA reversed the NLRC's decision, reinstating the LA's ruling, emphasizing the insufficiency of BCU's grounds for dismissal.
The CA noted that Gallente's actions did not constitute a willful breach of trust and that the GRC did not operate successfully.

BCU contended that Gallente's dismissal was valid due to willful breach of trust, arguing that he engaged in competition with BCU and created a conflict of interest.
BCU maintained that Gallente's actions, including using BCU's address for GRC, negated any claim of good faith.

Gallente argued that he was illegally dismissed, asserting that BCU failed to prove any willful breach of trust.
He claimed that the GRC did not operate successfully and that he did not intend to compete with BCU.

The primary issue is whether there was a valid loss of trust and confidence justifying Gallente's dismissal.
The secondary issue concerns whether the CA correctly found the NLRC in grave abuse of discretion.

The Court granted BCU's petition, emphasizing the limited scope of review in a Rule 45 petition.
The Court clarified that the CA's findings lacked factual and legal basis, particularly regarding the loss-of-trust charge.

The Court reiterated that loss of trust and confidence is a valid ground for dismissal under the Lab...continue reading