Scribd Logo
Upload

Welcome to Scribd!

  • San Miguel Vs Gomez

    Uploaded by

    Miguel Ligas
    143 views2 pages
    This document summarizes a Supreme Court case regarding the dismissal of Rosario Gomez from her role at San Miguel Corporation (SMC). SMC dismissed Gomez due to allegations that she accepted commissions from a courier service, C2K, and its former manager's new group, allowing fake receipts and inflated package weights. The Court ruled Gomez's dismissal was valid, as she held a position of trust at SMC, her actions justified loss of trust, and the loss related to her job duties. SMC sufficiently proved Gomez knowingly disregarded rules through her involvement with the courier groups. The Court therefore found Gomez was validly terminated for loss of trust and confidence in her role.

    Original Description:

    Original Title

    san miguel vs gomez

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document summarizes a Supreme Court case regarding the dismissal of Rosario Gomez from her role at San Miguel Corporation (SMC). SMC dismissed Gomez due to allegations that she accepted commissions from a courier service, C2K, and its former manager's new group, allowing fake receipts and inflated package weights. The Court ruled Gomez's dismissal was valid, as she held a position of trust at SMC, her actions justified loss of trust, and the loss related to her job duties. SMC sufficiently proved Gomez knowingly disregarded rules through her involvement with the courier groups. The Court therefore found Gomez was validly terminated for loss of trust and confidence in her role.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    143 views2 pages

    San Miguel Vs Gomez

    Uploaded by

    Miguel Ligas
    This document summarizes a Supreme Court case regarding the dismissal of Rosario Gomez from her role at San Miguel Corporation (SMC). SMC dismissed Gomez due to allegations that she accepted commissions from a courier service, C2K, and its former manager's new group, allowing fake receipts and inflated package weights. The Court ruled Gomez's dismissal was valid, as she held a position of trust at SMC, her actions justified loss of trust, and the loss related to her job duties. SMC sufficiently proved Gomez knowingly disregarded rules through her involvement with the courier groups. The Court therefore found Gomez was validly terminated for loss of trust and confidence in her role.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    Title: San Miguel Corporation, petitioner vs. Rosario A.

    Gomez, respondent
    G.R. No. 200815; August 24,2020

    HERNANDO, J.:

    FACTS:

    In 2001, San Miguel Corporation (SMC) entered into business with C2k, a corporation engaged
    in courier and delivery services. After three months, there business relationship began to strain when C2K
    encountered difficulty in collecting its service fee from SMC. It was found out that C2K’s former
    manager, Daniel Tamayo, formed another courier services group, Starnec, which had been using fake
    C2K receipts and collecting the fees pertaining to C2K.

    However, C2K claims that it was through Rosario Gomez’s intervention, who was then assigned
    as coordinator in the Mailing Department of SMC, that Tamayo was able to transact with SMC. In the
    affidavit executed by C2K’s President, Gomez was mentioned to have been collecting 25% commission
    from the total payment received by the C2K; and in the audit conducted it was alleged that she was
    involved in anomalies which caused tremendous losses to SMC.

    Hence, SMC conducted an administrative investigation and hearing to address the matters in
    hand. After investigation, SMC issued a Notice of Termination of Services on December 20,2002 on the
    grounds of fraud or willful breach of trust; reposed on her due to her alleged acceptance of commission
    from C2K and Tamayo’s group, and for allegedly allowing the courier to increase the actual weights of
    the package in order to compensate her commission.This prompted Gomez to file a case for illegal
    dismissal with the National Labor Relations Commisions (NLRC).

    In March 30, 2006, the Labor Arbiter (LA) held that Gomez was validly dismissed from service.
    NLRC, however reversed and set aside Labor Arbiter’s decision. Which was later on affirmed by the
    Court of Appeals in October 20, 2011, pointing out that Gomez’s reason for dismissal was not founded on
    clearly established facts. Thus, herein petitioner filed with the Supreme Court a Petition for Review on
    Certiorari seeking to challenge and reverse Court of Appeal’s Decision.

    Issue:
    Whether or not, Gomez was illegally dismissed.
    Ruling:
    Yes. In Cadavas vs. Court of Appeals, the Court summarized the requisites for valid dismissal on
    ground of loss of trust and confidence: 1) the employee concerned must be holding a position of trust and
    confidence; 2) there must be an act that would justify the of loss of trust and confidence; 3) such loss of
    trust relates to the employee’s performance of duties.

    In view of the foregoing, the Court finds that Respondent holds a position of trust and confidence,
    since she was entrusted with SMC’s property, which she was routinely charged with custody of mail
    matter. In addition, SMC substantially proved the second requisite. Since Starnec was able to transact
    with SMC; where Gomez as the Mail Department Coordinator should have known and notice the said
    fake receipts since she previously transacted with C2K. Thus,the Court finds that Gomez willfully,
    knowingly and pursposedly and without justifiable cause diregards her company (SMC) ’s rules and
    regulations. Also the Court gave credence to the fact that Gomez was found guilty of receiving bribes
    through commission.

    With these findings, SMC sufficiently discharded the burden of of proving Gomez’s dismissal.
    Hence, The Court held that Gomez was validly terminated on the ground of loss of trust and confidence.

    You might also like