This case has been cited 2 times or more.
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2014-01-29 |
PEREZ, J. |
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| It must be stressed at the outset that the correctness of the Labor Arbiter's pronouncement on the legality of Del Rosario's dismissal is no longer an issue and is beyond modification. While Manila Water timely appealed the ruling of the Labor Arbiter awarding separation pay to Del Rosario, the latter did not question the dismissal of his illegal termination case.[18] It is settled in our jurisprudence that a party who has not appealed cannot obtain from the appellate court any affirmative relief other than the ones granted in the appealed decision.[19] Due process prevents the grant of additional awards to parties who did not appeal.[20] Having said that, this Court will no longer dwell on the issue of whether or not Del Rosario was illegally dismissed from employment. Included in the closed aspect of the case is respondent's argument that the absence of his counsel when he admitted the charge against him diminished the evidentiary value of such admission. Nonetheless, it may be mentioned that the constitutional right to counsel is available only during custodial investigation. If the investigation is merely administrative conducted by the employer and not a criminal investigation, the admission made during such investigation may be used as evidence to justify dismissal.[21] | |||||
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2008-04-30 |
VELASCO JR., J. |
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| But while employers are given a wide latitude of discretion in the termination of services of managerial employees for loss of confidence, there must be substantial proof thereof. This means that the employer must clearly and convincingly establish the charges, or, in fine, the facts and incidents upon which the loss of confidence may fairly be made to rest,[22] that is, it must be based on a willful breach of trust and founded on clearly established or proven facts.[23] Moreover, loss of confidence, as a ground for termination, should not be (1) simulated; (2) used as a subterfuge for causes which are improper, illegal, or unjustified; (3) arbitrarily asserted; and (4) a mere afterthought to justify earlier action taken in bad faith.[24] | |||||