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AMA COMPUTER COLLEGE v. ZENAIDA R. GARAY

This case has been cited 6 times or more.

	GR No. 160982 2013-06-26	MANILA JOCKEY CLUB v. AIMEE O. TRAJANO BERSAMIN, J.
Specifically, loss of the employer's trust and confidence is a just cause under Article 282 (c), a provision that ideally applies only to cases involving an employee occupying a position of trust and confidence, or to a situation where the employee has been routinely charged with the care and custody of the employer's money or property.[28] But the loss of trust and confidence, to be a valid ground for dismissal, must be based on a willful breach of trust and confidence founded on clearly established facts. "A breach is willful," according to AMA Computer College, Inc. v. Garay,[29] " if it is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. It must rest on substantial grounds and not on the employer's arbitrariness, whims, caprices or suspicion; otherwise, the employee would eternally remain at the mercy of the employer."[30] An ordinary breach is not enough.
	GR No. 185335 2012-06-13	PRUDENTIAL GUARANTEE v. NLRC MENDOZA, J.
To be a valid ground for dismissal, loss of trust and confidence must be based on a willful breach of trust and founded on clearly established facts. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.[47] It must rest on substantial grounds and not on the employer's arbitrariness, whims, caprices or suspicion; otherwise, the employee would remain eternally at the mercy of the employer.[48] Further, in order to constitute a just cause for dismissal, the act complained of must be work-related and show that the employee concerned is unfit to continue working for the employer.[49] Such ground for dismissal has never been intended to afford an occasion for abuse because of its subjective nature.[50]
	GR No. 185335 2012-06-13	PRUDENTIAL GUARANTEE v. NLRC MENDOZA, J.
To be a valid ground for dismissal, loss of trust and confidence must be based on a willful breach of trust and founded on clearly established facts. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.[47] It must rest on substantial grounds and not on the employer's arbitrariness, whims, caprices or suspicion; otherwise, the employee would remain eternally at the mercy of the employer.[48] Further, in order to constitute a just cause for dismissal, the act complained of must be work-related and show that the employee concerned is unfit to continue working for the employer.[49] Such ground for dismissal has never been intended to afford an occasion for abuse because of its subjective nature.[50]
	GR NO. 172174 2009-07-09	DAVAO CONTRACTORS DEVELOPMENT COOPERATIVE v. MARILYN A. PASAWA QUISUMBING, J.
Neither can respondent be dismissed for loss of trust and confidence. To be a valid ground for dismissal, loss of trust and confidence must be based on a willful breach of trust and founded on clearly established facts. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. It must rest on substantial grounds and not on the employer's arbitrariness, whims, caprices or suspicion; otherwise, the employee would eternally remain at the mercy of the employer. Such ground of dismissal has never been intended to afford an occasion for abuse because of its subjective nature.[25]
	GR No. 155502 2009-06-18	SARABIA OPTICAL v. JEANET B. CAMACHO QUISUMBING, J.
To be a valid ground for dismissal, loss of trust and confidence must be based on a willful breach of trust and founded on clearly established facts. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. It must rest on substantial grounds and not on the employer's arbitrariness, whims, caprices or suspicion; otherwise, the employee would eternally remain at the mercy of the employer.[10] Further, the act complained of must be work-related and must show that the employee concerned is unfit to continue working for the employer.[11]
	GR No. 160965 2008-07-21	PHILIPPINE NATIONAL CONSTRUCTION CORPORATION v. MARIA NYMPHA MANDAGAN NACHURA, J.
Be that as it may, we must stress herein that to be a valid ground for dismissal, the loss of trust and confidence must be based on a willful breach of trust and founded on clearly established facts. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. Loss of trust and confidence must rest on substantial grounds and not on the employer's arbitrariness, whims, caprices or suspicion, otherwise, the employee would forever remain at the mercy of the employer. The employer, thus, carries the burden of clearly and convincingly establishing the facts upon which loss of confidence in the employee is made to rest. [28]