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GR No. 174115

2015-11-09

JARDELEZA, J.

In Bristol Myers Squibb (Phils.), Inc. v. Baban,[44] this Court explained that the following requisites must be satisfied to justify a valid dismissal based on loss of trust and confidence, to wit: (1) The employee concerned must be one holding a position of trust and confidence;[45] and

GR NOS. 178085 - 178086

2015-09-14

UNIVERSITY OF IMMACULATE CONCEPTION v. OFFICE OF SECRETARY OF LABOR

JARDELEZA, J.

In determining whether loss of confidence is a just cause for dismissal under Article 282(c), we laid down the following requisites in the 2008 case of Bristol Myers Squibb (Phils.), Inc. v. Baban:[55]

GR NOS. 178085 - 178086

2015-09-14

UNIVERSITY OF IMMACULATE CONCEPTION v. OFFICE OF SECRETARY OF LABOR

JARDELEZA, J.

The essence of the second requisite is that the loss of confidence must be based on a willful breach of trust founded on clearly established facts.[65] Here, it is not disputed that the Respondent Employees refused to resign from the Union, notwithstanding the decision in the Arbitration Case. Respondent Employees do not claim that they were coerced into retaining their union membership; in fact, they even insist upon their right to join the Union. The voluntariness of Respondent Employees' refusal to vacate their union membership — which constitutes the "willful act" — is therefore unequivocally established.

GR No. 198699

2013-10-09

REXIE A. HORMILLOSA v. COCA-COLA BOTTLERS PHILS.

MENDOZA, J.

In Bristol Myers Squibb (Phils.), Inc. v. Baban,[19] the Court discussed the requisites for a valid dismissal on the ground of loss of trust and confidence as follows:It is clear that Article 282(c) of the Labor Code allows an employer to terminate the services of an employee for loss of trust and confidence. The right of employers to dismiss employees by reason of loss of trust and confidence is well established in jurisprudence.

GR No. 192826

2013-02-27

PHILIPPINE PLAZA HOLDINGS v. MA. FLORA M. EPISCOPE

PERLAS-BERNABE, J.

On this point, the Court, in the case of Bristol Myers Squibb (Phils.), Inc. v. Baban,[28] citing Atlas Fertilizer Corporation v. National Labor Relations Commission,[29] ruled as follows: [A]s a general rule, employers are allowed a wider latitude of discretion in terminating the services of employees who perform functions by which their nature require the employer's full trust and confidence. Mere existence of basis for believing that the employee has breached the trust and confidence of the employer is sufficient and does not require proof beyond reasonable doubt. Thus, when an employee has been guilty of breach of trust or his employer has ample reason to distrust him, a labor tribunal cannot deny the employer the authority to dismiss him.

GR No. 173357

2013-02-13

ROWENA DE LEON CRUZ v. BANK OF PHILIPPINE ISLANDS

PERALTA, J.

Bristol Myers Squibb (Phils), Inc. v. Baban[28] reiterated: X X X [A]s a general rule, employers are allowed a wider latitude of discretion in terminating the services of employees who perform functions by which their nature require the employer's full trust and confidence. Mere existence of basis for believing that the employee has breached the trust and confidence of the employer is sufficient and does not require proof beyond reasonable doubt. Thus. when an employee has been guilty of breach of trust or his employer has ample reason to distrust him. a labor tribunal cannot deny the employer the authority to dismiss him.[29]

GR No. 173012

2012-06-13

DOLORES T. ESGUERRA v. VALLE VERDE COUNTRY CLUB

BRION, J.

We now dwell on the substantive aspect of Esguerra's dismissal. We have held that there are two (2) classes of positions of trust the first class consists of managerial employees, or those vested with the power to lay down management policies; and the second class consists of cashiers, auditors, property custodians or those who, in the normal and routine exercise of their functions, regularly handle significant amounts of money or property. [23]

GR No. 185335

2012-06-13

PRUDENTIAL GUARANTEE v. NLRC

MENDOZA, J.

In Bristol Myers Squibb (Phils.), Inc. v. Baban,[32] the Court discussed the requisites for a valid dismissal on the ground of loss of trust and confidence: It is clear that Article 282(c) of the Labor Code allows an employer to terminate the services of an employee for loss of trust and confidence. The right of employers to dismiss employees by reason of loss of trust and confidence is well established in jurisprudence.

GR NO. 178976

2009-07-31

ABELARDO P. ABEL v. PHILEX MINING CORPORATION

CARPIO MORALES, J.

In this case, petitioner was a Contract Claims Assistant at respondent's Legal Department at the time he allegedly committed the acts which led to its loss of trust and confidence. It is not the job title but the actual work that the employee performs.[25] It was part of petitioner's responsibilities to monitor the performance of respondent's contractors in relation to the scope of work contracted out to them.[26]

GR No. 169173

2009-06-05

M+W ZANDER PHILIPPINES v. TRINIDAD M. ENRIQUEZ

PUNO, C.J.

Managerial employees are defined as those vested with the powers or prerogatives to lay down management policies and to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees or effectively recommend such managerial actions.[31] They refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or a subdivision thereof, and to other officers or members of the managerial staff.[32] Officers and members of the managerial staff perform work directly related to management policies of their employer and customarily and regularly exercise discretion and independent judgment.[33]

	GR No. 174115 2015-11-09	PUNONGBAYAN v. ROBERTO PONCE LEPON JARDELEZA, J.
In Bristol Myers Squibb (Phils.), Inc. v. Baban,[44] this Court explained that the following requisites must be satisfied to justify a valid dismissal based on loss of trust and confidence, to wit: (1) The employee concerned must be one holding a position of trust and confidence;[45] and
	GR NOS. 178085 - 178086 2015-09-14	UNIVERSITY OF IMMACULATE CONCEPTION v. OFFICE OF SECRETARY OF LABOR JARDELEZA, J.
In determining whether loss of confidence is a just cause for dismissal under Article 282(c), we laid down the following requisites in the 2008 case of Bristol Myers Squibb (Phils.), Inc. v. Baban:[55]
	GR NOS. 178085 - 178086 2015-09-14	UNIVERSITY OF IMMACULATE CONCEPTION v. OFFICE OF SECRETARY OF LABOR JARDELEZA, J.
The essence of the second requisite is that the loss of confidence must be based on a willful breach of trust founded on clearly established facts.[65] Here, it is not disputed that the Respondent Employees refused to resign from the Union, notwithstanding the decision in the Arbitration Case. Respondent Employees do not claim that they were coerced into retaining their union membership; in fact, they even insist upon their right to join the Union. The voluntariness of Respondent Employees' refusal to vacate their union membership — which constitutes the "willful act" — is therefore unequivocally established.
	GR No. 198699 2013-10-09	REXIE A. HORMILLOSA v. COCA-COLA BOTTLERS PHILS. MENDOZA, J.
In Bristol Myers Squibb (Phils.), Inc. v. Baban,[19] the Court discussed the requisites for a valid dismissal on the ground of loss of trust and confidence as follows:It is clear that Article 282(c) of the Labor Code allows an employer to terminate the services of an employee for loss of trust and confidence. The right of employers to dismiss employees by reason of loss of trust and confidence is well established in jurisprudence.
	GR No. 192826 2013-02-27	PHILIPPINE PLAZA HOLDINGS v. MA. FLORA M. EPISCOPE PERLAS-BERNABE, J.
On this point, the Court, in the case of Bristol Myers Squibb (Phils.), Inc. v. Baban,[28] citing Atlas Fertilizer Corporation v. National Labor Relations Commission,[29] ruled as follows: [A]s a general rule, employers are allowed a wider latitude of discretion in terminating the services of employees who perform functions by which their nature require the employer's full trust and confidence. Mere existence of basis for believing that the employee has breached the trust and confidence of the employer is sufficient and does not require proof beyond reasonable doubt. Thus, when an employee has been guilty of breach of trust or his employer has ample reason to distrust him, a labor tribunal cannot deny the employer the authority to dismiss him.
	GR No. 173357 2013-02-13	ROWENA DE LEON CRUZ v. BANK OF PHILIPPINE ISLANDS PERALTA, J.
Bristol Myers Squibb (Phils), Inc. v. Baban[28] reiterated: X X X [A]s a general rule, employers are allowed a wider latitude of discretion in terminating the services of employees who perform functions by which their nature require the employer's full trust and confidence. Mere existence of basis for believing that the employee has breached the trust and confidence of the employer is sufficient and does not require proof beyond reasonable doubt. Thus. when an employee has been guilty of breach of trust or his employer has ample reason to distrust him. a labor tribunal cannot deny the employer the authority to dismiss him.[29]
	GR No. 173012 2012-06-13	DOLORES T. ESGUERRA v. VALLE VERDE COUNTRY CLUB BRION, J.
We now dwell on the substantive aspect of Esguerra's dismissal. We have held that there are two (2) classes of positions of trust the first class consists of managerial employees, or those vested with the power to lay down management policies; and the second class consists of cashiers, auditors, property custodians or those who, in the normal and routine exercise of their functions, regularly handle significant amounts of money or property. [23]
	GR No. 185335 2012-06-13	PRUDENTIAL GUARANTEE v. NLRC MENDOZA, J.
In Bristol Myers Squibb (Phils.), Inc. v. Baban,[32] the Court discussed the requisites for a valid dismissal on the ground of loss of trust and confidence: It is clear that Article 282(c) of the Labor Code allows an employer to terminate the services of an employee for loss of trust and confidence. The right of employers to dismiss employees by reason of loss of trust and confidence is well established in jurisprudence.
	GR NO. 178976 2009-07-31	ABELARDO P. ABEL v. PHILEX MINING CORPORATION CARPIO MORALES, J.
In this case, petitioner was a Contract Claims Assistant at respondent's Legal Department at the time he allegedly committed the acts which led to its loss of trust and confidence. It is not the job title but the actual work that the employee performs.[25] It was part of petitioner's responsibilities to monitor the performance of respondent's contractors in relation to the scope of work contracted out to them.[26]
	GR No. 169173 2009-06-05	M+W ZANDER PHILIPPINES v. TRINIDAD M. ENRIQUEZ PUNO, C.J.
Managerial employees are defined as those vested with the powers or prerogatives to lay down management policies and to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees or effectively recommend such managerial actions.[31] They refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or a subdivision thereof, and to other officers or members of the managerial staff.[32] Officers and members of the managerial staff perform work directly related to management policies of their employer and customarily and regularly exercise discretion and independent judgment.[33]

BRISTOL MYERS SQUIBB v. RICHARD NIXON A. BABAN