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ALEJANDRO Y. CAOILE v. NLRC

This case has been cited 3 times or more.

	GR No. 174893 2012-07-11	FLORDELIZA MARIA REYES RAYEL v. PHILIPPINE LUEN THAI HOLDINGS DEL CASTILLO, J.
Jurisprudence provides that an employer has a distinct prerogative and wider latitude of discretion in dismissing a managerial personnel who performs functions which by their nature require the employer's full trust and confidence.[34] As distinguished from a rank and file personnel, mere existence of a basis for believing that a managerial employee has breached the trust of the employer justifies dismissal.[35] "[L]oss of confidence as a ground for dismissal does not require proof beyond reasonable doubt as the law requires only that there be at least some basis to justify it."[36]
	GR No. 154503 2008-02-29	UNIWIDE SALES WAREHOUSE CLUB and VIVIAN M. APDUHAN v. NLRC and AMALIA P. KAWADA AUSTRIA-MARTINEZ, J.
Private respondent occupies a managerial position. As a managerial employee, mere existence of a basis for believing that such employee has breached the trust of his employer would suffice for his dismissal.[61]
	GR NO. 162447 2006-12-27	ANABELLE MUAJE-TUAZON v. WENPHIL CORPORATION QUISUMBING, J.
There is no denying that petitioners were managerial employees. They executed management policies, they had the power to hire personnel and assign them tasks; and discipline the employees in their branch. They recommended actions on employees to the head office.[19] Pertinent is Article 212 (m) of the Labor Code defining a managerial employee as one who is vested with powers or prerogatives to lay down and execute management policies and/or hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Consequently, as managerial employees, in the case of petitioners, the mere existence of grounds for the loss of trust and confidence justify their dismissal.[20] Pursuant to our ruling in Caoile v. National Labor Relations Commission,[21] as long as the employer has a reasonable ground to believe that the managerial employee concerned is responsible for the purported misconduct, or the nature of his participation renders him unworthy of the trust and confidence demanded by his position, the managerial employee can be dismissed.