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WILFREDO M. BARON v. NLRC

This case has been cited 3 times or more.

2011-11-16
PERALTA, J.
It must be stressed that the issues raised by the petitioner involves questions of fact which are not proper subjects of a petition for review on certiorari under Rule 45 of the Rules of Civil Procedure, as amended.  It is axiomatic that in an appeal by certiorari, only questions of law may be reviewed.[15]
2010-07-26
PEREZ, J.
For breach of trust to constitute a valid cause for dismissal, it must be willful, meaning it must be done intentionally, knowingly, and purposely, without justifiable excuse.[31]
2010-06-18
PEREZ, J.
It is significant to stress that for there to be a valid dismissal based on loss of trust and confidence, the breach of trust must be willful, meaning it must be done intentionally, knowingly, and purposely, without justifiable excuse. The basic premise for dismissal on the ground of loss of confidence is that the employees concerned hold a position of trust and confidence. It is the breach of this trust that results in the employer's loss of confidence in the employee.[26]