G.R. No. 182570 - ROMEO N. VENTURA, VS. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, GENUINO ICE CO., INC., AND HECTOR GENUINO.RESOLUTION - Supreme Court E-Library

Ruling

accordingly, submitted his answer thereto. They aver that when petitioner went to the office of Carriaga to submit his answer, petitioner manifested that he had no more evidence to submit. Private respondents also aver that this issue on due process is belatedly raised, as petitioner never raised the same in his pleadings before the LA and the NLRC. Lastly, petitioner's length of service to the company cannot justify his exemption from the law. In sum, the two ultimate issues in this case are: 1) Whether petitioner was terminated for a just cause; and 2) Whether petitioner was accorded due process. The petition is bereft of merit. On the first issue, we rule in the affirmative. Under Article 282(c) of the Labor Code, loss of trust and confidence is one of the just causes for dismissing an employee, where the employee is entrusted with duties of confidence on delicate matters, such as care and protection, and handling or custody of the employer's property. [14] In this case, an Auditor would be one such employee. [15] Petitioner, in his Position Paper filed before the LA and in his Sagot na Sinumpaang Salaysay, averred that sometime in August 2004, Alido informed him of the illegal activities in the company premises. But this fact was not reflected in his Partial Audit Report; instead, petitioner made it appear therein that it was upon the initiative of Lejos that he discovered the illegal activities only on October 28, 2004, after Lejos already resigned from the company. The basis for terminating the employment of petitioner actually came from petitioner himself due to the substantial and irreconcilable inconsistencies in the narration of facts in his Audit Report and his Sagot na Sinumpaang Salaysay filed before the company, and his pleadings before the lower tribunals and before this Court. In sum, it cannot be denied that he withheld this information from his immediate supervisor and from the company - a clear breach of the trust and confidence the company had reposed in him as one of its Auditors. On the second issue, we likewise rule in the affirmative. Before the services of an employee can be validly terminated, the employer must furnish him two written notices: (a) a written notice served on the employee specifying the ground or grounds for termination, and giving the employee reasonable opportunity to explain his side; and (b) a written notice of termination served on the employee indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. [16] It is well settled that the basic requirement of notice and hearing in termination cases is for the employer to inform the employee of the specific charges against him and to hear his side and defenses. This does not, however, mean a full adversarial proceeding. The parties may be heard through pleadings, written explanations, position papers, memorandum or oral argument. In all of these instances, the employer plays an active role by