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AMADEO FISHING CORPORATION v. ROMEO NIERRA

This case has been cited 4 times or more.

	GR No. 197763 2015-12-07	SMART COMMUNICATIONS v. JOSE LENI Z. SOLIDUM VELASCO JR., J.
In Amadeo Fishing Corporation v. Nierra,[31] the Court ruled that "an acquittal in criminal prosecution does not have the effect of extinguishing liability for dismissal on the ground of breach of trust and confidence." While in Vergara v. National Labor Relations Commission,[32] the Court was even more succinct and ruled that the filing of the complaint by. the public prosecutor is a sufficient ground for a dismissal of an employee for loss of trust and confidence, to wit:The Court finds adequate basis for private respondent's loss of trust and confidence in petitioner, x x x Besides, the evidence supporting the criminal charge, found after preliminary investigation as sufficient to show prima facie guilt, constitutes just cause for his termination based on loss of trust and confidence. To constitute just cause, petitioner's malfeasance did not require criminal conviction. Verily, petitioner was dismissed not because he was convicted of theft, but because his dishonest acts were substantially proven, (emphasis supplied)
	GR No. 179293 2009-08-14	EDEN LLAMAS v. OCEAN GATEWAY MARITIME CARPIO MORALES, J.
On petition for certiorari, the Court of Appeals nullified the NLRC decision and reinstated the Labor Arbiter's decision.[7] The appellate court ruled that petitioner neglected her duties not just once, but four times. Furthermore, it held that, following Amadeo Fishing Corporation v. Nierra,[8] as petitioner occupied a position of trust and confidence, the company could not be compelled to continuously engage her services which is detrimental to its interests. Petitioner's motion for reconsideration having been denied by Resolution[9] dated August 17, 2007, she filed the present petition.[10]
	GR NO. 165757 2006-10-17	GALAXIE STEEL WORKERS UNION v. NLRC CARPIO-MORALES, J.
It is settled that this Court is not a trier of facts, a rule which applies with greater force in labor cases where the findings of fact of the NLRC are accorded respect and even finality, as long as they are supported by substantial evidence from which an independent evaluation of the facts may be made.[9] In this case, the Labor Arbiter, the NLRC, and the Court of Appeals were unanimous in ruling that Galaxie's closure or cessation of business operations was due to serious business losses or financial reverses, and not because of any alleged anti-union position. This Court finds no reason to modify such finding.
	GR NO. 160509 2006-03-10	MERCURY DRUG CORPORATION v. ZENAIDA G. SERRANO CARPIO, J.
In Agabon v. NLRC, [28] the Court held that if the dismissal was for cause, the lack of statutory due process should not nullify the dismissal, or render it illegal or ineffectual. However, Mercury's violation of Serrano's right to statutory due process warrants the payment of indemnity [30] in the form of nominal damages. The amount of such damages is addressed to the sound discretion of the Court, taking into account the relevant circumstances. [31] Accordingly, the Court deems the amount of P30,000 sufficient as nominal damages, pursuant to prevailing jurisprudence. [32]