This case has been cited 2 times or more.
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2014-09-10 |
BERSAMIN, J. |
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| The argument is untenable. It is true that every person is entitled to be presumed innocent of wrongdoing. The objective of the presumption has been to lay the burden of proof on the shoulders of the alleger of wrongdoing. The presumption extends to the petitioner and to every other employee charged with any wrongdoing that may cause them to be sanctioned, including being dismissed from employment. But the presumption, which is disputable, by no means excuses the employee charged with wrongdoing from answering and defending herself once the presumption has been overcome by a showing to the contrary. The failure of the employee to rebut or disprove the proof of wrongdoing then establishes the charge against her.[12] This is especially true in a case for dismissal grounded on loss of confidence or breach of trust, in which the employer may proceed to dismiss the erring employee once the employer becomes morally convinced that she was guilty of a breach of trust and confidence.[13] Based on the record, the petitioner did not sufficiently contradict or rebut the charge of dishonesty. | |||||
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2012-06-13 |
SERENO, J. |
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| The LA, the NLRC and the CA all acknowledged that, notwithstanding petitioner's acquittal in the criminal case for qualified theft,[20] respondent PLDT had adequately established the basis for the company's loss of confidence as a just cause to terminate petitioner. This Court finds that approach to be correct, since proof beyond reasonable doubt of an employee's misconduct is not required in dismissing an employee.[21] Rather, as opposed to the "proof beyond reasonable doubt" standard of evidence required in criminal cases, labor suits require only substantial evidence to prove the validity of the dismissal.[22] | |||||