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AMES BEN L. JERUSALEM v. KEPPEL MONTE BANK

This case has been cited 6 times or more.

	GR No. 196597 2015-10-21	MODESTO W. RIVERA v. ALLIED BANKING CORPORATION VILLARAMA, JR., J.
While it is true that loss of trust and confidence is one of the just causes for termination, such loss of trust and confidence must, however, have some basis. Proof beyond reasonable doubt is not required. It is sufficient that there must only be some basis for such loss of confidence or that there is reasonable ground to believe, if not to entertain, the moral conviction that the concerned employee is responsible for the misconduct and that the nature of his participation therein rendered him absolutely unworthy of trust and confidence demanded by his position.[22] Loss of trust and confidence, to be a valid cause for dismissal, must be based on a willful breach of trust and founded on clearly established facts.[23]
	GR No. 183735 2015-07-06	SEGIFREDO T. VILCHEZ v. FREE PORT SERVICE CORPORATION PERALTA, J.
Loss of trust and confidence will validate an employee's dismissal only upon compliance with certain requirements, namely: (1) the employee concerned must be holding a position of trust and confidence; and (2) there must be an act that would justify the loss of trust and confidence.[15] And in order to constitute a just cause for dismissal, the act complained of must be work-related such as would show employee concerned to be unfit to continue working for the employer.[16]
	GR No. 202158 2013-09-25	ERIC ALVAREZ v. GOLDEN TRI BLOC REYES, J.
The second requirement for dismissal due to loss of trust and confidence is further qualified by jurisprudence. The complained act must be work related such as would show the employee concerned to be unfit to continue working for the employer and it must be based on a willful breach of trust and founded on clearly established facts.[32] The basis for the dismissal must be clearly and convincingly established but proof beyond reasonable doubt is not necessary.[33]
	GR No. 162385 2013-07-15	SAMAR-MED DISTRIBUTION v. NLRC BERSAMIN, J.
Under Article 282(c) of the Labor Code, an employer may terminate an employee's employment on the ground of the latter's fraud or wilful breach of the trust and confidence reposed in him. For loss of trust and confidence to constitute a sufficient ground for termination, the employer must have a reasonable ground to believe, if not to entertain the moral conviction, that the employee was responsible for the misconduct, and that the nature of his participation therein rendered him absolutely unworthy of the trust and confidence demanded by his position.[17] Those requirements were undeniably met in Gutang's case.
	GR No. 184520 2013-03-13	ROLANDO DS. TORRES v. RURAL BANK OF SAN JUAN REYES, J.
To temper the exercise of such prerogative and to reconcile the same with the employee's Constitutional guarantee of security of tenure, the law imposes the burden of proof upon the employer to show that the dismissal of the employee is for just cause failing which would mean that the dismissal is not justified. Proof beyond reasonable doubt is not necessary but the factual basis for the dismissal must be clearly and convincingly established.[34]
	GR No. 192826 2013-02-27	PHILIPPINE PLAZA HOLDINGS v. MA. FLORA M. EPISCOPE PERLAS-BERNABE, J.
Among the just causes for termination is the employer's loss of trust and confidence in its employee. Article 296 (c) (formerly Article 282 [c]) of the Labor Code provides that an employer may terminate the services of an employee for fraud or willful breach of the trust reposed in him. But in order for the said cause to be properly invoked, certain requirements must be complied with namely,(1) the employee concerned must be holding a position of trust and confidence and (2) there must be an act that would justify the loss of trust and confidence.[26]