Firestone Tire and Rubber Company of the Philippines, petitioner,

vs. Carlos Lariosa and National Labor Relations Commission, respondents

February 27, 1987

Facts:
Carlos Lariosa, worked in Firestone Tire and Rubber Company for 11 years as a tire
builder. On July 27, 1983, on his way out the company premises, he was frisked by security Lizo
and Olvez. They found 16 wool flannel swabs inside his bag tucked underneath his soiled
clothes, all belonging to the company. He was then dismissed effective on August 2, 1983 through
letter of Ms. Villavicani, company president, based on stealing company property and loss of
trust. Lariosa on the other hand filed with the Labor and Employment a case for illegal dismissal.
The Labor Arbiter found Laniosas dismissal justified but was reversed by the NLRC on
appeal and held that Lianosa be reinstated but without backwages.
Issue:
Whether the act of Firestone Tire and Rubber Company was within the realm on laws on
Protection to Labor Law
Held:
From the records, it is likewise clear that Firestone did not act arbitrarily in terminating
Linasosas services. Based on records, an investigation of the incident was conducted in the
presence of Lianosa, the Union President, and the Security Guards who witnessed the attempted
asportation.
Thus, we cannot agree with the NLRCs conclusion that even if Firestone has substantial
proof, it did not observe statutory requirements of due process.
Under Article 283 of the Labor Code, an employer may terminate an employee for serious
misconduct. If there is sufficient evidence that an employee has been guilty of a breach of trust/
that his employer has ample reason to distrust him, the Labor tribunal cannot justly deny to the
employer the authority to dismiss such employee. Wherefore, petition granted. NLRC decision is
hereby set aside.