G.R. No. 121806 September 25, 1998.
PATRICK C. DEL VAL, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and LEGEND HOTEL INTERNATIONAL and AUGUSTO P. CORPUZ, respondents.

FACTS

Petitioner Patrick C. Del Val was employed by respondent Legend Hotel International on July 16, 1991, and held the position of Assistant Manager and Night Shift Manager. In October 1993, respondent General Manager Augusto P. Corpuz received reports from employees about anomalies committed by petitioner. In a meeting on October 22, 1993, Corpuz confronted petitioner, who allegedly walked out, stating he refused to talk, did not trust Corpuz, and called him a snake. A memorandum was issued requiring petitioner to explain this alleged disrespectful conduct and for allegedly falsifying his time sheet by recording his time-in 15 to 30 minutes before actually starting work. Petitioner was placed on preventive suspension effective October 22, 1993, until November 7, 1993. A second memorandum dated October 27, 1993, required petitioner to explain allegations of reporting for work under the influence of liquor on October 18, 1993, and sleeping while on duty on several occasions. On November 25, 1993, petitioner filed a complaint for illegal suspension, illegal dismissal, unpaid salary, and damages. The Labor Arbiter ruled the suspension and dismissal were illegal and ordered reinstatement with backwages, damages, and attorney’s fees. On appeal, the NLRC modified the decision, upholding the illegality of the suspension but ruling that petitioner was validly dismissed for loss of trust and confidence, although not accorded due process. The NLRC ordered respondents to indemnify petitioner P7,000 for procedural due process violation and pay wages for the 15-day suspension (P3,500), deleting other awards. Petitioner filed this special civil action for certiorari.

ISSUE

Whether the NLRC committed grave abuse of discretion in modifying the Labor Arbiter’s decision and ruling that petitioner was dismissed for just cause on the ground of loss of trust and confidence.

RULING

The Supreme Court dismissed the petition and affirmed the NLRC decision. The Court held that loss of trust and confidence is a valid ground for dismissal under Article 282(c) of the Labor Code, requiring that the loss of confidence arises from particular proven facts. Petitioner, as a managerial employee (Assistant Manager and Night Shift Manager), was bound by more exacting work ethics and occupied a sensitive position requiring full trust and confidence. The acts imputed to him—reporting for work under the influence of liquor and sleeping while on duty—constituted a breach of that trust. The Court found that the charges were not fabricated, as they were based on reports from Front Office employees, and petitioner failed to categorically refute them, with his silence deemed an implied admission. Thus, the NLRC did not commit grave abuse of discretion in finding a just cause for dismissal. However, the Court agreed with the NLRC that private respondents failed to comply with procedural due process, as the investigation was perfunctory and no termination letter was sent. The award of P7,000 as indemnity for this violation was deemed reasonable and in accord with jurisprudence.