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ASIA PACIFIC CHARTERING INC. v. MARIA LINDA R. FAROLAN

This case has been cited 4 times or more.

	GR NO. 165476 2006-03-10	AGRIPINO V. MOLINA v. PACIFIC PLANS CALLEJO, SR., J.
As a general rule, employers are allowed wide latitude of discretion in terminating the employment of managerial personnel.[72] The mere existence of a basis for believing that such employee has breached the trust and confidence of his employer would suffice for his dismissal.[73]
	GR NO. 145901 2005-12-15	EASYCALL COMMUNICATIONS PHILS. v. EDWARD KING CORONA, J.
To be a valid ground for an employee's dismissal, loss of trust and confidence must be based on a willful breach and founded on clearly established facts.[15] 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.[16] Thus, a willful breach cannot be a breach resulting from mere carelessness.
	GR NO. 140189 2005-02-28	GREAT SOUTHERN MARITIME SERVICES CORPORATION v. JENNIFER ANNE B. ACUÑA AUSTRIA-MARTINEZ, J.
Time and again we have ruled that in illegal dismissal cases like the present one, the onus of proving that the employee was not dismissed or if dismissed, that the dismissal was not illegal, rests on the employer and failure to discharge the same would mean that the dismissal is not justified and therefore illegal.[37] Thus, petitioners must not only rely on the weakness of respondents' evidence but must stand on the merits of their own defense. A party alleging a critical fact must support his allegation with substantial evidence for any decision based on unsubstantiated allegation cannot stand as it will offend due process.[38] Petitioners failed to discharge this burden.
	GR NO. 143384 2005-02-04	DR. ERNESTO I. MAQUILING v. PHILIPPINE TUBERCULOSIS SOCIETY TINGA, J.
Recent decisions of this Court distinguish the treatment of managerial from that of rank-and-file personnel insofar as the application of the doctrine of loss of trust and confidence is concerned. Thus, with respect to rank-and-file personnel, loss of trust and confidence as ground for valid dismissal requires proof of involvement in the alleged events in question and that mere uncorroborated assertions and accusations by the employer will not suffice.[33] But as regards 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.[34]