G.R. No. 173357 - ROWENA DE LEON CRUZ, VS. BANK OF THE PHILIPPINE ISLANDS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, decision is hereby rendered declaring the dismissal of complainant Rowena Cruz illegal such that respondent Bank of the Philippine Islands is hereby ordered to reinstate her to her former or substantially equivalent position without loss of seniority rights and other privileges and to pay her backwages and attorney's fees in the amount of SIX HUNDRED THIRTY-NINE THOUSAND ONE HUNDRED EIGHTY-SIX PESOS AND 16/100 (P639,186.16). [8] The Labor Arbiter held that petitioner cannot be considered a managerial employee, and that her dismissal on grounds of gross negligence and breach of trust was unjustified. On appeal, the NLRC reversed and set aside the Decision of the Labor Arbiter, and it entered a new decision dismissing petitioner's Complaint for lack of merit. [9] The NLRC stated that the evidence showed that the pre-termination of the accounts of the depositors involved and the withdrawal of money from such accounts were with the approval of petitioner. A stamp of approval given by a bank officer, especially in sensitive transactions like pre- termination of accounts and withdrawal of money, means that the corresponding documents are in order and the validity of such documents had been verified. Otherwise, there would be no integrity in the approval of these transactions, considering that approval is the last act that would give effect to the transactions involved. According to the NLRC, the banking industry is such a sensitive one that the trust given by a bank's depositors must be protected at all times even by the lowest-ranking employee. As petitioner's signature appeared in the documents showing her approval of the pre-termination of the accounts of the depositors involved and the withdrawal of money from their accounts, the NLRC reversed the decision of the Labor Arbiter and ruled that petitioner's dismissal was for a valid cause. Petitioner filed a petition for certiorari with the Court of Appeals, alleging that the NLRC acted with grave abuse of discretion amounting to lack or excess of jurisdiction for the following: (1) Failing to consider with great respect and finality the factual findings of the Labor Arbiter that petitioner followed all the policies and procedures in place and, hence, is not remiss in her duties; (2) concluding that mere approval of the transactions by petitioner in itself was a valid cause for dismissal; (3) concluding that petitioner could not be exculpated from liability by claiming that it is not incumbent upon her to call the depositors to personally appear before her and confirm their signatures when such is not required of petitioner; (4) not holding that the petitioner could not have committed gross negligence at the time the questioned transactions occurred, as she was not an Assistant Manager and her duties were that of a Cash II Officer; (5) not holding that there was insufficient factual and legal basis to terminate petitioner's employment; (6) ignoring the fundamental rule that all doubts must