G.R. No. 207315 November 23, 2016
Interadent Zahntechnik Philippines, Inc., Bernardino G. Bantegui, Jr. and Sonia J. Grandea, Petitioners vs. Rebecca F. Simbillo, Respondent

FACTS

Respondent Rebecca Simbillo was the Finance and Accounting Manager and elected Treasurer of petitioner Interadent. In July 2010, the company implemented strict security measures following an alleged information leak. Simbillo’s department network access and email were suspended. On July 29, petitioners served her a Notice to Explain and placed her under preventive suspension. The charge was based on a July 15 post on her personal Facebook account, which petitioners alleged contained derogatory statements about the Bureau of Internal Revenue (BIR) and a co-worker, breaching confidentiality. Simbillo, through counsel, refused to answer, claiming constructive dismissal due to the prior discriminatory security acts targeting her. She filed a complaint for illegal dismissal.
Petitioners subsequently terminated Simbillo on August 24, 2010, for loss of trust and confidence. The Labor Arbiter and the NLRC upheld the dismissal as valid. The Court of Appeals reversed, finding the dismissal illegal.

ISSUE

Whether the Court of Appeals correctly ruled that Simbillo was illegally dismissed.

RULING

Yes, the Supreme Court affirmed the CA’s ruling. For dismissal based on loss of trust and confidence to be valid, the breach must be willful, founded on clearly established facts, and the employee must hold a position of trust. The employer bears the burden of proof. Here, petitioners failed to substantiate their claim. The Facebook post was ambiguous and did not explicitly identify Interadent, the BIR, or any specific company affairs. Simbillo adequately explained the post pertained to a friend’s situation elsewhere. Petitioners’ interpretation was speculative. No concrete evidence linked the post to an actual disclosure of confidential financial information or demonstrated willful conduct prejudicial to the company.
Furthermore, the alleged past infraction involving confidentiality was unproven. The security measures, while company-wide, created an atmosphere of distrust specifically around Simbillo following the Facebook post discovery, but the core charge remained unsubstantiated. Consequently, the loss of trust was not based on a willful breach or established facts. The dismissal was without just cause. The procedural infirmity in the termination process, stemming from the invalid cause, was thus moot. Simbillo was entitled to reinstatement and full backwages.