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	GR No. 166554 2008-11-27	JULITO SAGALES v. RUSTAN'S COMMERCIAL CORPORATION REYES, R.T., J.
It is also of no moment that the criminal complaint for qualified theft against petitioner was dismissed. It is well settled that the conviction of an employee in a criminal case is not indispensable to the exercise of the employer's disciplinary authority.[60]
	GR NO. 158707 2006-11-27	COMMUNITY RURAL BANK OF SAN ISIDRO v. YSAGANI V. PAEZ AUSTRIA-MARTINEZ, J.
Since only substantial evidence is required, and not proof beyond reasonable doubt, reliance by the NLRC and CA upon the stenographic notes on the testimony of Internal Auditor Vargas in the preliminary investigation of the criminal case is misplaced. A labor arbiter or tribunal may legally sustain an employee's dismissal for loss of trust and confidence even if the employee has not been convicted in a criminal case arising from the same act.[40] The dropping of the charges by the prosecutor[41] or the acquittal of the employee[42] would not necessarily negate the existence of lack of trust and confidence as a ground for dismissal.