This case has been cited 3 times or more.
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2010-08-03 |
PERALTA, J. |
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| The sole office of writ of certiorari is the correction of errors of jurisdiction, including the commission of grave abuse of discretion amounting to lack of jurisdiction and does not include correction of public respondent's evaluation of the evidence and factual findings based thereon.[48] An error of judgment that the court may commit in the exercise of its jurisdiction is not correctible through the original special civil action of certiorari.[49] | |||||
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2005-06-08 |
CALLEJO, SR., J. |
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| However, loss of trust and confidence or grave misconduct must not be based on unsubstantiated suspicions, conjectures or surmises.[28] Loss of trust and confidence as a just cause for termination of employee must rest on a breach of duty committed by the employee and not on the caprices of the employer. In China City Restaurant Corporation v. National Labor Relations Commission,[29] this Court issued guidelines for the application of the doctrine of loss of confidence: (a) loss of confidence should not be simulated; (b) it should not be used as a subterfuge for causes which are improper, illegal or unjustified; (c) it may not be used arbitrarily in the face of overwhelming evidence to the contrary; and (d) it must be genuine, not a mere afterthought, to justify earlier action taken in bad faith. | |||||