MA.

WENELITA TIRAZONA, Petitioner
vs
COURT OF APPEALS, PHILIPPINE EDS-TECHNO SERVICE INC. (PET INC.)
AND/OR KEN KUBOTA, MAMORU ONO and JUNICHI HIROSE, Respondents.

G.R. No. 169712               March 14, 2008

Facts:

1. Tirazona is administrative manager of PET. PET Inc. is engaged

in designing automotive wiring harnesses for automobile
manufacturers.

2. The conflict started through the letter of Balonzo who

complained for the ill-treatment of Tirazona who humiliated her
for tuberculosis.

3. PET directed Tirazona to explain. Tirazona explained that she

is just orienting Balonzo. However, she will file case for libel
for trying to destroy her credibility.

4. PET Director Ono wrote a memo resolving the issue. Tirazona

replied demanding among others ₱2M for damages and denying due
process.

5. A Notice of Charge was send against Tirazona by PET for

serious misconduct and breach of trust.

6. An admin. hearing was scheduled by PET but Tirazona replied

that she will only participate if certain demands will be
satisfied.

7. Tirazona did not appear in the admin. proceeding but the

hearing still push through. However, she was still given chance
to submit supplemental written explanation or additional
documents to substantiate her claims.

8. She replied with a mere reiteration of her demands and claims.

9. A Notice of Termination was served by PET to her serious

misconduct and breach of trust.

LA favored Tirazona.

NLRC reversed LA and favored PET.

CA affirmed NLRC

ISSUES : WoN employee was validly dismissed due to serious

misconduct and breach of trust?

HELD :

Clearly, dismissals have two facets: first, the legality of the

act of dismissal, which constitutes substantive due process; and
second, the legality in the manner of dismissal, which
constitutes procedural due process.

Under Article 282(c)36 of the Labor Code, loss of trust and

confidence is one of the just causes for dismissing an employee.
It is an established principle that loss of confidence must be
premised on the fact (1) that the employee concerned holds a
position of trust and confidence. This situation obtains where a
person is entrusted with confidence on delicate matters, such as
care and protection, handling or custody of the employer’s
property. But, in order to constitute a just cause for dismissal,
(2) the act complained of must be "work-related" such as would
show the employee concerned to be unfit to continue working for
the employer. Besides, for loss of confidence to be a valid
ground for dismissal, (3) such loss of confidence must arise from
particular proven facts.

Clearly, all above requirements are present. SC (1) affirmed the

finding of CA that Tirazona is an admin. manager. (2) Her attack
to Ono through her demand letters constitute work-related acts
(3) And lastly, the confluence of events and circumstances
surrounding the petitioner Tirazona’s actions or omissions
affecting her employer’s rights and interest, would undoubtedly
show that she is no longer worthy of being a recipient of the
trust and confidence of her employer