MARAO, ALYSSA MARIE M.NEW ERA UNIVERSTY COLLEGE OF LAW1ST YEAR JDCADVANCE LEGAL WRITINGATTY. LOGRONIO

REVISED STATEMENT OF FACTS

Quickstop Marketing is engaged in the business of buying and selling appliances. I was hired as a Collecting Agent of Quickstop Marketing with the help of its former employee Jose Lim. I was assigned in Novaliches branch. Each branch of Quickstop Marketing has a Credit and Collection Department and Sales Department. I was promoted as an assistant collection supervisor I, assistant collection supervisor II, and a collection supervisor until I was illegally dismissed.

On September 24 2014, Jose Lim the manager of Novaliches branch had an accident. His motorcycle was sideswiped by a bus along Commonwealth Ave., this incapacitated from reporting to work and performing his function as Branch Manager. During his absence, I performed some of his responsibilities.

On 30 September 2014, the inventory clerk, Johny Perez, discovered that 10 pieces of samsung dvd player are missing. The following day, I inquire from Perez if the lost items were already reported to the head office. Perez said he will report the incident after finishing his inventory in 3 days. However, I was surprised to find out that Perez never reported the incident until 17 October 2014 when Teosito Alonso, the Area Manager was already in the branch to conduct an audit. 5 days later, a notice to explain was issued to the employees of the Sales Department. The following day, a similar notice was issued to the Credit and Collection Department, to which I was assigned.

On 2 November 2014, I recieved a notice of termination, on the ground of negligence, serious misconduct and loss of trust and confidence.

NOTICE TO EXPLAIN

Quickstop MarketingMetro Manila

October 22, 2014Mr. Juan Dela CruzBranch Manager, Novaliches Branch

Subject: NOTICE TO EXPLAIN

Dear Mr. Dela Cruz,

Please submit your written explanation to the office of the General Manager within 5 days upon receipt hereof. The records and reports show that you have been remiss in your duties and responsibilities to the Quickstop Marketing by failure to perform the responsibilities of a Branch Manager, particularly reporting of the missing 10 pieces of Samsung Dvd Player. Failure to respond within the period given will automatically construed as a waiver for you to explain your side and present witnesses and evidence for the investigation.

Kindly give this matter your priority attention.

Very truly yours,General Manager

NOTICE OF TERMINATION

Quickstop MarketingMetro Manila

November 2, 2014Teosito AlonsoQuickstop MarketingArea Manager

Mr. Juan Dela Cruz

This letter is to formally announce your termination with us, this letter is being written on behalf of Quickstop Marketing. It is the formal notification that your position in Novaliches Branch as Branch Manager is being terminated for negligence, serious misconduct and loss of trust and confidence. The fact in this decision is based on the gathered considerable file of evidence that proves that you have failed to comply with the responsibilities of a Branch Manager which resulted to the lost of 10 pieces of Samsung Dvd Player which was never reported.

Please report to the Area Manager immediately to return all company property and go through the exit interview process. We wish you the best of luck in your future endeavors. If you have any questions, please contact me directly at (02) 916-1212 or email me at Alonso.quickstopmarketing@qsm.com

Sincerely Yours,Teosito AlonsoQuickstop MarketingArea Manager

OUTLINE

I. FACTS

Due to the accident of Jose Lim the manager of Novaliches branch, the petitioner Juan Dela Cruz performed some of his responsibilities.

The inventory clerk, Johny Perez, discovered that 10 pieces of samsung dvd player are missing. Perez said he will report the incident after finishing his inventory in 3 days. However, Perez never reported the incident until when Teosito Alonso, the Area Manager was already in the branch to conduct an audit.

A notice to explain was issued to the employees of the Sales Department and to the Credit and Collection Department, to which the petitioner was assigned. The petitioner recieved a notice of termination, on the ground of negligence, serious misconduct and loss of trust and confidence.

II. ISSUE

Whether the petitioner were terminated from employment on just cause/ valid grounds?

Whether the termination was effected with due process and in accordance with law?

III. ARGUMENTS

The Petitioner was illegally dismissed through fraud, because the employer made a false representation, it was Jose Lim who is the Branch Manager of the Novaliches Branch and due to his accident, the petitioner who is the Credit and Collection Supervisor performed some of Jose Lims responsibilities, during the latters absences. When the inventory clerk, Johny Perez, discovered that 10 pieces of Samsung Dvd Player are missing, the petitoner immediately inquired to Perez if the lost items were already reported to the head office. However, Perez failed to perfom his job and to report the said incident. With this, the petitioner suffers the fault of other employee and clearly, the petitioner performed his responsibilities as a substitute Branch Manager. The petitioner was also denied of due process of law, the petitioner was not given opportunity to answer the allegations stated against him. The employer did not prove the termination on the ground of negligence, serious misconduct and loss of trust and confidence. The burden of proving the existence of a valid and authorized cause of termination is on the employer. Any doubt should be resolved in favor of the employee, in keeping with the principle of social justice enshrined in the Constitution.

Republic of the PhilippinesDepartment of Labor and EmploymentNATIONAL LABOR RELATIONS COMMISSIONNational Capital RegionQuezon City

JUAN DELA CRUZ,

Complainant,

-versus-NLRC Case No.080412QUICKSTOP MARKETINGTEOSITO ALONSORespondents.

x----------------------------------------------------x

POSITION PAPERFOR THE COMPLAINANT

COMPLAINANT, through counsel, to this Honorable Office, most respectfully states:

STATEMENT OF CASE

The complaint for illegal dismissal is filed by the complainant Juan Dela Cruz.

STATEMENT OF FACTS

1. Respondent QUICKSTOP MARKETING is a business establishment engaged business of buying and selling appliances and office located at Novaliches, Quezon City.

2. Respondent Teosito Alonso is of legal age and the Area Manager the respondent business establishment.

Re: COMPLAINANT JUAN DELA CRUZ

1.Complainant Juan Dela Cruz is of legal age, single, Bachelor of Business Administration and of good standing in the community. He was hired by the respondent as Collecting Agent of Quickstop Marketing on 12 January 2004 and because of his dedication, diligence and competence was promoted as an Assistant Collection Supervisor I, Assistant Collection Supervisor II, and Collection supervisor until the complainant was illegally dismissed.

2.On September 24 2014, Jose Lim the manager of Novaliches branch had an accident which incapacitated from reporting to work and performing his function as Branch Manager. During his absence, the complainant performed some of his responsibilities.

3. On September 30 2014, the Inventory Clerk, Johny Perez, discovered that 10 pieces of Samsung Dvd Player are missing. The following day, the complainant inquire from Perez if the lost items were already reported to the head office. Perez said he would report the incident after finishing his inventory in 3 days.

4.The complainant was surprised to find out that Perez never reported the incident until 17 October 2014 when Teosito Alonso the Area Manager was already in the branch to conduct an audit. 5 days later, a notice to explain was issued to the employees of the Sales Department. The following day, a similar notice was issued to the Credit and Collection Department, to which the complainant was assigned.

5.On November 2 2014, the complainant received a notice of termination, on the ground of negligence, serious misconduct and loss of trust and confidence.

6.Jobless and devastated the complainant filed the instant complaint based on his alleged illegal termination by respondent in November 2, 2014.

ISSUEWhether or not the complainant was terminated from employment on just cause/ valid grounds?

Whether or not the termination was effected with due process and in accordance with law?

ARGUMENTS AND DISCUSSION

It is clear from the foregoing statement of facts that Complainant Juan Dela Cruz was an employee of Quickstop Marketing who with his character and capacity served the establishment well for more than 10 years as evidenced by his dedication, diligence and competence to his work he was promoted to different positions of trust and confidence.

The complainant was illegally dismissed through fraud, because the employer made a false representation. Unsubstantiated suspicions and baseless conclusions by employers are not legal justification for dismissing employees. The burden of proving the existence of a valid and authorized cause of termination is on the employer. Any doubt should be resolved in favor of the employee, in keeping with the principle of social justice enshrined in the Constitution.[footnoteRef:1] [1: [GR. No. 123880.February 23, 1999] MARANAW HOTELS AND RESORT CORPORATION, vs. NATIONAL LABOR RELATIONS COMMISSION]

An employer shall observe procedural due process before terminating ones employment. The components of procedural due process:A. In a termination for just cause, due process involves the two-notice rule:a)A notice of intent to dismiss specifying the ground for termination, and giving said employee reasonable opportunity within which to explain his or her side;b)A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her;c)A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify termination.B. In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the grounds at least 30 days before the date of termination. A copy of the notice shall also be furnished the Regional Office of the Department of Labor and Employment (DOLE) where the employer is located.[footnoteRef:2] [2: http://blr.dole.gov.ph/frequently-asked-questions/61-termination-of-employment]

The complainant was denied of due process of law he was not given opportunity to answer the allegations stated against him.

A dismissed employee is entitled to moral damages when the dismissal is attended by bad faith or fraud or constitutes an act oppressive to labor, or is done in a manner contrary to good morals, good customs or public policy. Exemplary damages may be awarded if the dismissal is effected in a wanton, oppressive or malevolent manner.[footnoteRef:3] [3: Kay Products, Inc., et al. v. Court of Appeals, G.R. No. 162472, July 28, 2005, 464 SCRA 544]

In general, an illegally dismissed employee is entitled to one or more of the following reliefs: 1. Reinstatement2. Payment of Backwages 3. Separation Pay 4. Payment of Damages 5. Award of Attorneys FeesUnder the doctrine of strained relations, the payment of separation pay has been considered an acceptable alternative to reinstatement when the latter option is no longer desirable or viable. On the one hand, such payment liberates the employee from what could be a highly oppressive work environment. On the other, the payment releases the employer from the grossly unpalatable obligation of maintaining in its employ a worker it could no longer trust.[footnoteRef:4] [4: Coca-Cola Bottlers Phils. vs. De Leon, G.R. No. 156893, June 21, 2005.]

P R A Y E R

WHEREFORE, It is respectfully prayed:That complainant is entitled to the following reliefs; Reinstatement, Payment of Backwages, Separation Pay, Payment of Damages and Award of Attorneys Fees.Quezon Ciy, 27 May 2015.By:

COUNSEL FOR THE COMPLAINANTChan Robles & Associates Law FirmSuite 2205-B, 22nd Floor, Philippine Stock Exchange Centre, Tektite East Tower, Exchange Road, Ortigas Center, Pasig City, Metro Manila, Philippines

Republic of the PhilippinesDepartment of Labor and EmploymentNATIONAL LABOR RELATIONS COMMISSIONNational Capital RegionQuezon City

JUAN DELA CRUZ,

Complainant,

-versus-NLRC Case No.080412QUICKSTOP MARKETINGTEOSITO ALONSORespondents.

x----------------------------------------------------xPOSITION PAPERFOR THE RESPONDENT

RESPONDENTS, through undersigned counsel and unto this Honorable Office, respectfully state that:

PREFATORY STATEMENT

An employer may terminate the services of any employee for serious misconduct, willful disobedience, gross and habitual neglect of his duties, commission of a crime and analogous cases. And when that worker is given sufficient opportunity to explain his side or defend himself in an administrative investigation but his explanation failed to controvert the overwhelming evidence against him, he may be validly terminated by the employer.[footnoteRef:5] [5: Article 282 of the Labor Code of the Philippines]

STATEMENT OF FACTS

1. Complainant JUAN DELA CRUZ is of legal age, single, is a Branch Manager of Novaliches Branch of Quickstop Marketing.

2. Respondent QUICKSTOP MARKETING is a business establishment engaged business of buying and selling appliances and office located at Novaliches, Quezon City.3. Respondent TEOSITO ALONSO is of legal age and the Area Manager the respondent business establishment.

4. The Complainant is an ex-employee of Quickstop Marketing, wherein he hold a position of Trust and Confidence. While the complainant was in the position of Branch Manager, the inventory clerk, Johny Perez, discovered that 10 pieces of Samsung Dvd Player were missing.

5. Teosito Alonso, the Area Manager conduct an audit and it was found out that the said 10 pieces of Samsung Dvd Players were missing.

6. A notice to explain was issued to the employees of the Sales Department and also, Credit and Collection Department, to which the complainant was assigned.

7. The respondent sent a notice of termination to the complainant, on the ground of negligence, serious misconduct and loss of trust and confidence.

ISSUEWhether or not the complainant was terminated from employment on just cause/ valid grounds?

Whether or not the termination was effected with due process and in accordance with law?

ARGUMENTS AND DISCUSSION

I.RESPONDENTS HAVE VALID GROUNDS TO TERMINATE THE COMPLAINANT

The Complainant is an ex-employee of Quickstop Marketing, wherein he hold a position of Trust and Confidence.

The basic premise for dismissal on the ground of loss of confidence is that the employee concerned holds a position of trust and confidence. It is the breach of this trust that results in the employers loss of confidence in the employee.[footnoteRef:6] [6: Natl Sugar Refineries Corp. vs. NLRC, G.R. No. 122277 February 24, 1998.]

While the complainant was in the position of Branch Manager, the inventory clerk, Johny Perez, discovered that 10 pieces of Samsung Dvd Player were missing.

However, the complainant failed to perform his duties as Branch Manager and to report the incident of the loss of Samsung Dvd Players which causes business failure in Quickstop Novaliches Branch. Because of the negligence and serious misconduct of the complainant, it resulted to the respondents loss of confidence.

II.RESPONDENTS HAVE VALIDLY OBSERVED THE DUE PROCESS REQUIREMENTS OF THE LABOR CODE IN TERMINATING THE SERVICES OF COMPLAINANTS.

The respondents have terminated the services of complainants by affording them sufficient opportunity to explain their side in an investigation process which they participated in. Thus, for all intents and purposes, complainants were terminated not only with valid cause, but also with valid manner and due process.

An employer shall observe procedural due process before terminating ones employment. The components of procedural due process:A. In a termination for just cause, due process involves the two-notice rule:a)A notice of intent to dismiss specifying the ground for termination, and giving said employee reasonable opportunity within which to explain his or her side;b)A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her;c)A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify termination.B. In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the grounds at least 30 days before the date of termination. A copy of the notice shall also be furnished the Regional Office of the Department of Labor and Employment (DOLE) where the employer is located.[footnoteRef:7] [7: http://blr.dole.gov.ph/frequently-asked-questions/61-termination-of-employment]

The records of this case clearly shows that the investigation process lasted for a considerable length of time from October 23, 2014 to November 2, 2014, the complainants were given sufficient opportunity to explain their side and defend themselves against the charges lodged upon them.

P R A Y E R

WHEREFORE, premises considered, it is respectfully prayed that the instant complaint be dismissed for lack of merit. Other relief and remedies, just and equitable under the premises, are likewise prayed for.Quezon Ciy, 29 May 2015.By:

COUNSEL FOR THE RESPONDENTPonce Enrile Reyes And Manalastas Law OfficeVernida IV Bldg, 128 L.P. Leviste St, Makati, 1200 Metro Manila

NATIONAL LABOR RELATIONS COMMISSIONNational Capital RegionQuezon City

JUAN DELA CRUZ,

Complainant,

-versus-NLRC Case No.080412QUICKSTOP MARKETINGTEOSITO ALONSORespondents.

x----------------------------------------------------x

DECISION

MARAO, A.:

The Case

The employer may validly dismiss for loss of trust and confidence an employee who commits an act of fraud prejudicial to the interest of the employer. Neither a criminal prosecution nor a conviction beyond reasonable doubt for the crime is a requisite for the validity of the dismissal. The burden is on the employer to prove that the termination was for valid cause. Unsubstantiated accusations or baseless conclusions of the employer are insufficient legal justifications to dismiss an employee. The unflinching rule in illegal dismissal cases is that the employer bears the burden of proof. Nonetheless, the dismissal for a just or lawful cause must still be made upon compliance with the requirements of due process under theLabor Code; otherwise, the employer is liable to pay nominal damages as indemnity to the dismissed employee.

The Facts

The Complainant Juan Dela Cruz was hired by the respondent Quickstop Marketing as Collecting Agent on 12 January 2004 and competence was promoted as an Assistant Collection Supervisor I, Assistant Collection Supervisor II, and Collection supervisor until the complainant was illegally dismissed. On September 24 2014, Jose Lim the manager of Novaliches branch had an accident which incapacitated from reporting to work and performing his function as Branch Manager. During his absence, the complainant performed some of his responsibilities. On September 30 2014, the Inventory Clerk, Johny Perez, discovered that 10 pieces of Samsung Dvd Player are missing. The following day, the complainant inquire from Perez if the lost items were already reported to the head office. Perez said he would report the incident after finishing his inventory in 3 days. The complainant was surprised to find out that Perez never reported the incident until 17 October 2014 when Teosito Alonso the Area Manager was already in the branch to conduct an audit. 5 days later, a notice to explain was issued to the employees of the Sales Department. The following day, a similar notice was issued to the Credit and Collection Department, to which the complainant was assigned. On November 2 2014, the complainant received a notice of termination, on the ground of negligence, serious misconduct and loss of trust and confidence.

.

The Issues

1. WAS THERE A JUST CAUSE FOR THE DISMISSAL, AND2. RESPONDENT DID NOT AFFORD THE COMPLAINANT OF DUE PROCESS.

The Courts Ruling

To justify fully the dismissal of an employee, the employer must, as a rule, prove that the dismissal was for a just cause and that the employee was afforded due process prior to dismissal. As a complementary principle, the employer has the onus of proving with clear, accurate, consistent, and convincing evidence the validity of the dismissal.[footnoteRef:8] [8: Dacuital v. L. M. Camus Engineering Corporation, G.R. No. 176748, September 1, 2010, 629 SCRA 702, 715]

The vital issue for resolution is whether or not the petitioner was terminated for a just and valid cause.To dismiss an employee, the law requires the existence of a just and valid cause. Article 282 of theLabor Codeenumerates thejustcauses for termination by the employer: (a) serious misconduct or willful disobedience by the employee of the lawful orders of his employer or the latters representative in connection with the employees work; (b) gross and habitual neglect by the employee of his duties; (c) fraud or willful breach by the employee of the trust reposed in him by his employer or his duly authorized representative; (d) commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative; and (e) other causes analogous to the foregoing.

The grounds upon which complainants dismissal was due to loss of trust and confidence. The Complainant hold a position of Trust and Confidence.

The basic premise for dismissal on the ground of loss of confidence is that the employee concerned holds a position of trust and confidence. It is the breach of this trust that results in the employers loss of confidence in the employee.[footnoteRef:9] [9: Natl Sugar Refineries Corp. vs. NLRC, G.R. No. 122277 February 24, 1998.]

Misconduct is a transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error in judgment.[footnoteRef:10] The complainant was not able to perform his duties as a Branch Manager which resulted to loss of 10 Samsung Dvd Player and also causes the respondent company to business failure in their Novaliches Branch. [10: Colegio de San Juan de Letran-Calamba vs. Villas, G.R. No. 137795, March 26, 2003]

As to the issue of due process:

In the dismissal of employees, it has been consistently held that the twin requirements of notice and hearing are essential elements of due process.The employer must furnish the employee with two written notices before termination of employment can be legally effected: (a) a notice apprising the employee of the particular acts or omissions for which his dismissal is sought, and (b) a subsequent notice informing the employee of the employers decision to dismiss him.

(d) In all cases of termination of employment, the following standards of due process shall be substantially observed:For termination of employment based on just causes as defined in Article 282 of the Labor Code:(i)A written notice served on the employee specifying the ground or grounds for termination, and giving said employee reasonable opportunity within which to explain his side.(ii)A hearing or conference during which the employee concerned, with the assistance of counsel if he so desires is given opportunity to respond to the charge, present his evidence, or rebut the evidence presented against him.(iii)A written notice of termination served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination.(emphasis supplied)

Procedural due process only requires employers to furnish their errant employees written notices stating the particular acts or omissions constituting the grounds for their dismissal and to hear their side of the story.[footnoteRef:11] Quickstop observed the requirements of procedural due process in implementing the dismissal of Juan Dela Cruz. The following circumstances showed that the company observed the requirements of procedural due process: a) there was a show cause letter informing Juan Dela Cruz of the charge of missing items in his supervision and requiring him to submit an explanation; Annex A. b) there was an administrative hearing giving him an opportunity to be heard; and [11: Mendoza vs. NLRC, 310 SCRA 846 (1999)]

c) the respondent company furnished her with notice of termination stating the facts of her dismissal, the offense for which he was found guilty, and the grounds for her dismissal. Annex B

Annex A

Quickstop MarketingMetro Manila

October 22, 2014Mr. Juan Dela CruzBranch Manager, Novaliches Branch

Subject: NOTICE TO EXPLAIN

Dear Mr. Dela Cruz,

Please submit your written explanation to the office of the General Manager within 5 days upon receipt hereof. The records and reports show that you have been remiss in your duties and responsibilities to the Quickstop Marketing by failure to perform the responsibilities of a Branch Manager, particularly reporting of the missing 10 pieces of Samsung Dvd Player. Failure to respond within the period given will automatically construed as a waiver for you to explain your side and present witnesses and evidence for the investigation.

Kindly give this matter your priority attention.

Very truly yours,General Manager

Annex B

Quickstop MarketingMetro Manila

November 2, 2014Teosito AlonsoQuickstop MarketingArea Manager

Mr. Juan Dela Cruz

This letter is to formally announce your termination with us, this letter is being written on behalf of Quickstop Marketing. It is the formal notification that your position in Novaliches Branch as Branch Manager is being terminated for negligence, serious misconduct and loss of trust and confidence. The fact in this decision is based on the gathered considerable file of evidence that proves that you have failed to comply with the responsibilities of a Branch Manager which resulted to the lost of 10 pieces of Samsung Dvd Player which was never reported.

Please report to the Area Manager immediately to return all company property and go through the exit interview process. We wish you the best of luck in your future endeavors. If you have any questions, please contact me directly at (02) 916-1212 or email me at Alonso.quickstopmarketing@qsm.com

Sincerely Yours,Teosito AlonsoQuickstop MarketingArea Manager

In this case, the respondets have valid grounds to terminate the complainant and had observed the due process requirements of the labor code in terminating the services of complainants. Evidently then, complainant was terminated legally by th respondent.

WHEREFORE, the Petition isDENIED, the Courtruled in favor of the RESPONDENT. No pronouncement as to costs of suit.

SO ORDERED.