G.R. No. 200352 - MARY JUNE CELIZ, VS. CORD CHEMICALS, INC., LEONOR G. SANZ, AND MARIAN ONTANGCO.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly dismissed for lack of merit. Undeterred, Celiz sought recourse before the NLRC which paid no heed to her Appeal and affirmed the Labor Arbiter's judgment in the assailed Decision. The NLRC stood pat with its conclusion and denied the Motion for Reconsideration in the challenged Resolution? . [7] Ruling of the Court of Appeals In a Petition for Certiorari filed with the CA and docketed as CA-G.R. SP No. 116098, petitioner sought to reverse the abbve May 13, 2010 Decision [8] and June 29, 2010 Resolution [9] of the National Labor Relations Commission (NLRC), and be awarded her claim of backwages arid other benefits, damages, and attorney's fees, with reinstatement, on account of her illegal dismissal. She claimed that the NLRC committed grave abuse of discretion in affirming the Labor Arbiter; that it was error for the NLRC to validate her dismissal for failing to account for the P445,272,93 unliquidated cash advances, since she was not accountable therefor, and there was no proof to show that she received and benefited therefrom; that the dismissal of the complaint for qualified theft filed by respondents against her before the Office of the City Prosecutor of Mandaluyong City [10] relative to the cash advances in issue conclusively proves her innocence of the administrative charges filed against her; that there is no basis to dismiss her on the ground of loss of trust and confidence, since the alleged loss of trust was simulated; that the true reason for her dismissal was respondent Leonor's extreme jealousy and claim that petitioner was Francisco's mistress, grounds which are not sanctioned under the Labor Code: that her dismissal was not attended by due process, as she was not given ample opportunity to defend herself from the charges against her since no hearing was conducted; and that for her illegal dismissal, she is entitled to her monetary claims. On October 26, 2011, the CA issued the assailed Decision containing the following pronouncement: . The Petition fails to impress. Cord, Inc., Leonor and Marian (now, private respondents) adduced clear and compelling proof bolstering petitioner's just and lawful dismissal. It bears accent that the termination of petitioner's employment was anchored on her failure to explain and account for unliquidated advances amounting to P445,272.93. As the employee directly in charge with the use of these funds, petitioner should have been more circumspect in handling them knowing fully well that her position demands a high degree of trust Indeed, petitioner committed serious breach of the trust and confidence reposed in her by her employer warranting the just severance of her employment. The law protecting the rights of the laborer authorizes neither oppression nor self- destruction of the employer, In Philippine Military Veterans Security and Investigation Agency v. Court of Appeals, it was decisively held that - "Loss of trust and confidence as a ground for dismissal does not entail proof beyond